removal of conditions (PR) question

[leapoffaith 0]

Hi All

I am going through a v bad phase in life.

I came on K1 and already have a 2 yrs PR card. Also, I have already been out of US for 4 and 1/2 months. I lost my mom last year and now my father has a tumor

and the prognosis is not good. It seems that I will again have to go back for a couple of months to take care of things.

I don't have a choice - I have to go.

What will be the outcome of this when I apply for removal of conditions ?

[edp333 9]

Hi All

I am going through a v bad phase in life.

I came on K1 and already have a 2 yrs PR card. Also, I have already been out of US for 4 and 1/2 months. I lost my mom last year and now my father has a tumor

and the prognosis is not good. It seems that I will again have to go back for a couple of months to take care of things.

I don't have a choice - I have to go.

What will be the outcome of this when I apply for removal of conditions ?

You should be fine for any leaves under six months long. For leaves of 6 months to 12 months you are very likely to be questioned. Anything longer than a year without pre-approval and your permanent residence will be considered abandoned.

If you are gone longer than 6 months then the 3 year timeline for US Citizenship starts over. Also consider immigration law permits officials to question permanent residents after trips of any length. So be prepared to explain the necessity of your trips and be able to show your resident status (e.g. drivers license, joint accounts, joint property etc.).

[Gary and Alla 3,694]

Hi All

I am going through a v bad phase in life.

I came on K1 and already have a 2 yrs PR card. Also, I have already been out of US for 4 and 1/2 months. I lost my mom last year and now my father has a tumor

and the prognosis is not good. It seems that I will again have to go back for a couple of months to take care of things.

I don't have a choice - I have to go.

What will be the outcome of this when I apply for removal of conditions ?

Nothing. You are allowed to be out of the country for up to 6 months without an AP and up to year WITH an AP. File for your new green card as you should, 3 months before this one expires

[leapoffaith 0]

Pls correct me if I am wrong -

I understand that one "should not" be out of US for a cumulative period of 6 months or more by the time he applies for removal of conditions on the Green Card.

As I said above, I already have a green card but needs removal of conditions application in Feb 2011.

[edp333 9]

Pls correct me if I am wrong -

I understand that one "should not" be out of US for a cumulative period of 6 months or more by the time he applies for removal of conditions on the Green Card.

As I said above, I already have a green card but needs removal of conditions application in Feb 2011.

This is correct. You currently have a conditional green card that expires 2 years after it was issued. With the I-751 you are applying to remove the conditions on your residence to get a 10 year permanent green card.

[leapoffaith 0]

Pls correct me if I am wrong -

I understand that one "should not" be out of US for a cumulative period of 6 months or more by the time he applies for removal of conditions on the Green Card.

As I said above, I already have a green card but needs removal of conditions application in Feb 2011.

This is correct. You currently have a conditional green card that expires 2 years after it was issued. With the I-751 you are applying to remove the conditions on your residence to get a 10 year permanent green card.

Well, what I am asking is that would I have trouble getting the conditions removed if I stay out of USA for more than six months by the time I apply for 10 yr card. I think I read that one should not stay out of country

for more than six months ie. combined time.

[edp333 9]

Pls correct me if I am wrong -

I understand that one "should not" be out of US for a cumulative period of 6 months or more by the time he applies for removal of conditions on the Green Card.

As I said above, I already have a green card but needs removal of conditions application in Feb 2011.

This is correct. You currently have a conditional green card that expires 2 years after it was issued. With the I-751 you are applying to remove the conditions on your residence to get a 10 year permanent green card.

Well, what I am asking is that would I have trouble getting the conditions removed if I stay out of USA for more than six months by the time I apply for 10 yr card. I think I read that one should not stay out of country

for more than six months ie. combined time.

No you should not, but there is no gaurantee you won't. The USCIS is not always consistant.

The USCIS statement is concerning Naruralization: 3 years as a Permanent Resident without leaving the

United States for trips of 6 months or longer

[Eric-Pris 1,607]

I don't think the time outside the US is cumulative. I don't think the total of all time outside the US has to be under 6 months.

I think as long as each individual trip is under 6 months, you won't have a problem. It would help you to have proof of why you went (death certificate, hospital records, letter from doctors, etc.)