Legal Considerations For Traveling & Living Abroad

5/14/2021, 9:38 AM

Legal Considerations For Traveling & Living
AbroadRobert P. Webber & Ruth T. Langworthy

After a winter like the one we just had, many attorneys (and their clients) may be thinking ofleaving the state or even the country, at least temporarily. In addition to those seeking better
weather, the global economy and the ability for so many people to telecommute has increased
the viability of living and working outside the United States. With all that in mind, the following
are some timely U.S. legal considerations for those who are traveling or living internationally:
Saving Time Through U.S. Customs
For people who travel internationally often, the delays associated with clearing customs are real;
but there are a few programs to facilitate faster customs clearance. First, U.S. Customs operates
Global Entry, a program at 40-plus airports that allows low-risk travelers from the United States,
the Netherlands, South Korea, Mexico, and soon India, to be preapproved to clear U.S. Customs
quickly. Over one million people have already been designated as trusted travelers through thisprogram.
In addition to Global Entry, the NEXUS program provides comparable benefits to Canadiancitizens and permanent residents. Both the U.S. and Canadian governments are involved inapproving NEXUS cards, which are valid for five years and renewable. Further, AutomatedPassport Control (APC) kiosks are now in use at several airports, including Orlando, Chicago
O’Hare, Dallas, Miami, and both NYC Kennedy and Newark airports. APC kiosks are self-service
and available to all U.S. and Canadian travelers, not just those enrolled in Global Entry. The APC
kiosks can significantly shorten the time in which travelers clear customs. Details on all these
programs can be found at http://www.cbp.gov/ travel/trusted-traveler-programs.
Longer Term Stays Abroad
Immigration: It often seems that after a foreignborn professional completes the arduous processof obtaining U.S. permanent resident status (green card status), the next career move for that
person or his/her spouse is to take a role overseas. In such circumstances green card holders
can do various things to protect their green card status and their ability to return to the UnitedStates to live and work; however, considerable advanced planning should be used. Often there isconfusion, even among U.S. customs oﬃcers, associated with how long a person can be abroadand how that may impact green card status and processing for U.S. citizenship (naturalization) inthe future. The U.S. Immigration Service provides for re-entry permits, which are useful for
http://digitaleditions.walsworthprintgroup.com/html5_viewer/index.…8364%26view%3DarticleBrowser%26article_id%3D1705044%26ver%3Dhtml5Page 1 of 2Legal Considerations For Traveling & Living Abroad

5/14/2021, 9:38 AM

the future. The U.S. Immigration Service provides for re-entry permits, which are useful for
temporary assignments because they substantiate an individual’s interest in retaining U.S.
permanent residence. In more narrow circumstances, people can seek benefits under Form N470 (Application to Preserve Residence for Purposes of Naturalization) and/or fast-tracknaturalization. Spouses of U.S. citizens assigned abroad for certain U.S. companies or certainU.S. nonprofits may be eligible for fasttrack naturalization under Immigration Act Section 319(b).
Tax: Besides U.S. immigration law considerations, any U.S. citizen or green card holder who willbe spending considerable time outside the United States should be sure to analyze tax issues.
The IRS is taking a more active role in global tax compliance, including recognizing there iswidespread noncompliance. High net worth individuals should pay careful consideration to theExpatriation Tax.
Banking: In the last 12 months, there have been a record number of U.S. citizens renouncing
their U.S. citizenship. It is speculated that this sharp increase in renunciations is directly tied tothe implementation of the Foreign Account Tax Compliance Act (FATCA). In 2013, 3,000
Americans renounced their citizenship or longterm permanent residence status, which is threetimes the average of the previous five years. On July 1, 2014, FATCA will require foreign financial
institutions to report to the IRS assets of any U.S. citizen of $50,000 or more. Noncompliantbanks are subject to a 30 percent withholding tax on securities transactions that originate in theUnited States. Because of the draconian penalties, a number of foreign financial institutions haveannounced they will stop serving U.S. citizen customers and based on the record number ofrenunciations, it seems some U.S. citizens may like their bank more than their country.
Health Insurance: The Aﬀordable Care Act (ACA) famously mandates that all U.S. citizens obtainhealth insurance or be subject to a tax. The individual mandate applies to U.S. citizens, green
card holders and some non-immigrants (mainly those who are considered resident aliens for tax
purposes). As of the date of this writing, the IRS has indicated that the individual mandate does
not apply to U.S. citizens or green card holders living abroad.
The possibility of living and working abroad is in many ways as easy as ever, but as was said inan earlier era of the British Empire, the sun never sets on U.S. legal compliance.
Ruth T. Langworthy, an associate at Webber Law Firm, works on both employment andfamilybased immigration law matters, including I-140 immigrant visa petitions for researchers
seeking national interest waivers. Ruth also supports the firm’s non-immigrant visa practice,focusing specifically on religious worker filings. Robert Webber has a diverse corporate
immigration practice, advising on work visas, as well as PERM labor certification andPERMexempt green card strategies. Because Webber Law limits its practice to immigration,
Robert often partners with lawyers at other firms to serve their clients on immigration matters.
Webber Law Firm is a minority-owned business; member MMSDC. For more information, visit
www.webberlaw.com or call (952) 831-5223.

http://digitaleditions.walsworthprintgroup.com/html5_viewer/index.…8364%26view%3DarticleBrowser%26article_id%3D1705044%26ver%3Dhtml5

Page 2 of 2