conditional permanent resident travel 6+ months

[benmariela 0]

Okay, so hears the deal. My wife, conditional permanent resident, really wants to finish her last year of college. She has studied four years and has one left, that is - 2 semesters. We've been married for a little over a year and we are thinking about her traveling to her home country to study for a semester, then coming back, going again, and then coming back. She'd be out for probably 4 months at a time and back for a month in between trips. I would be visiting there as well. If she chooses to do this, would she need a re-entry permit, or advanced parole??? or would she be fine??

[YuAndDan 153]

Here is what USCIS has:

Abandoning Permanent Resident Status

You may be found to have abandoned your permanent resident status if you:

• Move to another country intending to live there permanently
• Remain outside of the United States for more than 1 year without obtaining a reentry permit or returning resident visa. However, in determining whether your status has been abandoned, any length of absence from the United States may be considered, even if less than 1 year
• Remain outside of the United States for more than 2 years after issuance of a reentry permit without obtaining a returning resident visa. However, in determining whether your status has been abandoned any length of absence from the United States may be considered, even if less than 1 year
• Fail to file income tax returns while living outside of the United States for any period
• Declare yourself a “nonimmigrant” on your tax returns

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=3f443a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=3f443a4107083210VgnVCM100000082ca60aRCRD

Conditional or not makes no difference.

As long as you maintain a US Residency, two semesters out of country 4 months at a time probably wont be an issue. Keep in mind removal of conditions needs to be done at 2 years or residency, and this will require a biometrics, which may happen at an inconvenient time.

[TBoneTX 45,319]

Does her school have a satellite campus within the U.S.? My wife's did, and that saved our bacon.

[juliava 80]

I am pretty sure they will notice the pattern - 4 months+out+4 months+out, so they might ask your wife what did she do in Peru all that time. But that's the only thing that could possibly happen and there is nothing to worry about. No need for re-entry permit.