Can We Move and For How Long?

[emerce 0]

My husband is a conditional permanent resident and November is when the conditions will be removed. He might be losing his job and his dad is dying in Canada and we want to spend time with him. He can also definitely get better work there.

My question is if he wanted to go back and work there or if we both wanted to go live there for awhile how long can we stay? What can/should we do to make sure that we dont lose all the progress we have made towards his permanent residency here?

Thanks!

[Brother Hesekiel 2,236]

You can't really "move" to another country and keep your LPR status. Up to 6 months outside the US, you'll be fine without raising any eyebrows; from 6 months to 1 year the I.O. at the P.O.E. might assume you abandoned residency in the US and it would be up to you to prove him wrong. At the 6-month line, the clock that ticks for your naturalization would stop until you return

If you can foresee that you'll have to leave for a year or more, you need a reentry permit before you leave. It's valid for up to two years but, again, you need to prove that the absence from the US is temporary. From 1 year on, the now silent clock for your naturalization jumps back to zero, like it never started.

Generally speaking, up to 6 months you should be fine, up to a year you need to be prepared to show some evidence; and from 1 year on it gets more difficult. After 2 years you are dead in the water.

Yes, people, that's simplified, but I can't write a 2-page essay every time a question like this comes up.

[rika60607 215]

You can apply for reentry permit, but it will be valid only up to conditional GC expiration date. Once conditions removed, you can get a 2 year reentry permit. I do not think you will need an upfront proof of not abandoning your residency, if you have a re-entry permit. Otherwise, what's the point of paying $400 for it?

Just Bob's post is not entirely accurate, so you should want to read-up on USCIS website, about maintaining your permanent residency:

http://www.uscis.gov/portal/site/uscis/men...000082ca60aRCRD

If you want to apply for citizenship eventually, you can not be gone for more than 6 months ever and you have to have been in the US more than 50% of the total time.

[Udella&Wiz 325]

The fact that your father in law is terminally ill is very strong evidence of why you're temporarily going back to Canada.....it seems that others above have explained the rules surrounding leaving.

This must be hard time for you and your husband.