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Filed: AOS (apr) Country: India
Timeline
Posted

Hi everyone,

ME: conditional Green card holder which expires in May 2013

My situation

I have a job offer from a company in Austria which I am very keen in atleast trying for 6-12 months, don't plan to keep it for more than a year. My husband is a USC, he'll remain in US and has job here. I am not able to find a job since I moved with my husband and applied for green card. Before that I had worked and studied in US and have been here for 10years.

I know I can apply for the re-entry permit and it will be valid till I apply to remove the conditions on GC (which will be around Feb 2013).

If I were to take this job I'll start in May/ June 2012 and will be travelling back to US to see my husband may be every 2-3 months.

My questions are

1) Is my taking a job abroad affect my GC or entering the POE at the airport? I do/ will have strong ties during my absence like car payments, house, fact that my husband will remain in US, bank account, insurance, etc.

2) Should I also apply for "N-470, application to preserve residence for naturalization" or will this be redundant?

3) If I pursue this job beyond Feb 2013( time to remove conditions) but less than a year, what should be my plan of action

4) Can I apply for removal of conditions from aboard and come here for biometrics?

5) considering the fact that i may be away for more than 6month, will this affect my naturalization process, i'll still make trips back to US every 2-3 months for a week or so.

thanks you for replying.

NBXX

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Posted

Hi everyone,

ME: conditional Green card holder which expires in May 2013

My situation

I have a job offer from a company in Austria which I am very keen in atleast trying for 6-12 months, don't plan to keep it for more than a year. My husband is a USC, he'll remain in US and has job here. I am not able to find a job since I moved with my husband and applied for green card. Before that I had worked and studied in US and have been here for 10years.

I know I can apply for the re-entry permit and it will be valid till I apply to remove the conditions on GC (which will be around Feb 2013).

If I were to take this job I'll start in May/ June 2012 and will be travelling back to US to see my husband may be every 2-3 months.

My questions are

1) Is my taking a job abroad affect my GC or entering the POE at the airport? I do/ will have strong ties during my absence like car payments, house, fact that my husband will remain in US, bank account, insurance, etc.

2) Should I also apply for "N-470, application to preserve residence for naturalization" or will this be redundant?

3) If I pursue this job beyond Feb 2013( time to remove conditions) but less than a year, what should be my plan of action

4) Can I apply for removal of conditions from aboard and come here for biometrics?

5) considering the fact that i may be away for more than 6month, will this affect my naturalization process, i'll still make trips back to US every 2-3 months for a week or so.

thanks you for replying.

NBXX

[/size]

You are askig about residency for naturalization when you should also be worried about maintaining your LPR status. Being outside teh US for more than 6 months but less than a year for LPR status does not require you to do anything. You may want to bring those strong ties with you to prove that you are maintaining your residenancy in the US as the CBP person may see several trips and think you are living outside the US and trying to scam the system inorder to maintain LPR status and that is why the USCIS website states that trip of less than one year can be used to revoke your LPR status. You can file for AOS up to May 2013--when the Conditional GC expires. I would make certain you will be in the country for the BIO appointment and if youh have an interview for that as well. I would worry about keeping your LPR status first and then worry about naturalization because if you loose your LPR status it will require you to reapply with all the waiting and costs.

I would look at the USCIS website as to how this absense will affect the time required for naturalization and what you need to do to preserve that as well. Worst case would be the clock resets and you can file for naturalization 3 years after returning to the US--2016, which is still one year before the 5 year rule.

Good luck,

Dave

Filed: AOS (apr) Country: India
Timeline
Posted

You are askig about residency for naturalization when you should also be worried about maintaining your LPR status. Being outside teh US for more than 6 months but less than a year for LPR status does not require you to do anything. You may want to bring those strong ties with you to prove that you are maintaining your residenancy in the US as the CBP person may see several trips and think you are living outside the US and trying to scam the system inorder to maintain LPR status and that is why the USCIS website states that trip of less than one year can be used to revoke your LPR status. You can file for AOS up to May 2013--when the Conditional GC expires. I would make certain you will be in the country for the BIO appointment and if youh have an interview for that as well. I would worry about keeping your LPR status first and then worry about naturalization because if you loose your LPR status it will require you to reapply with all the waiting and costs.

I would look at the USCIS website as to how this absense will affect the time required for naturalization and what you need to do to preserve that as well. Worst case would be the clock resets and you can file for naturalization 3 years after returning to the US--2016, which is still one year before the 5 year rule.

Good luck,

Dave

Thanks Dave for replying.

So, you think I don't have to get the re-entry permit since I'll outside US for less than a year; and just keep copies of "ties" for CBP at airport?

Or is it safer to get the re-entry permit anyway?

thanks,

NBXX

Posted

If your green card is only good for another year there is no point in getting a re-entry permit.

Thanks Dave for replying.

So, you think I don't have to get the re-entry permit since I'll outside US for less than a year; and just keep copies of "ties" for CBP at airport?

Or is it safer to get the re-entry permit anyway?

thanks,

NBXX

 

i don't get it.

Filed: IR-1/CR-1 Visa Country: Russia
Timeline
Posted

Re-entry permit (if you apply for one) will only be valid until expiration of your conditional GC. :thumbs:

If your green card is only good for another year there is no point in getting a re-entry permit.

CR-1 Timeline

March'07 NOA1 date, case transferred to CSC

June'07 NOA2 per USCIS website!

Waiver I-751 timeline

July'09 Check cashed.

Jan'10 10 year GC received.

Filed: AOS (apr) Country: India
Timeline
Posted

Re-entry permit (if you apply for one) will only be valid until expiration of your conditional GC. :thumbs:

Thanks for answering, yes, I read that somewhere and that's why I am not sure if I should apply for re entry permit. Because I am traveling for a job instead of just going on vacation or something, I am concerned and don't want the CBP to think that I am abandoning my green card.

NBXX

Filed: AOS (apr) Country: India
Timeline
Posted

Thank for replying Milimelo. Yes, I did looked at n470 instructions. Don't know if I am eligible, I might be working for a company called infineon, which is a German company but also have offices in US.Does it qualify for under ' public international organization' or 'us corporation'

I don't know the answer to that.

Is this what you are referring to?

Thanks,

NBXX

 
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