conditional greencard

[PreciousOne 4]

hi i just wanna ask you guys about my situation.Well i just got received my conditional greencard today. But my question is,i did not apply for advance parole when i filed for my AOS.Now,that i received my conditional GC am i allowed to travel outside the USA?

[Harpa Timsah 13,258]

Yes.

[canadian_wife 1,829]

[aleful 1,905]

hi i just wanna ask you guys about my situation.Well i just got received my conditional greencard today. But my question is,i did not apply for advance parole when i filed for my AOS.Now,that i received my conditional GC am i allowed to travel outside the USA?

of course, you are a residente.

[Harsh_77 718]

yep - now as you have your GC the Advance Parole does not apply to you.

You are free to move in and out of country as desired, only thing is if you are going to stay out of country for long period of time then you need a approval.

[Briamatia 0]

@ Harsh_77 What would be considered a long period of time? Years? Months? Weeks?

Thank you!

[JimVaPhuong 4,863]

@ Harsh_77 What would be considered a long period of time? Years? Months? Weeks?

Thank you!

The requirement is that you cannot abandon your residence in the US and take up residence abroad. They will usually not question whether you've abandoned your residence if you are abroad for less than six months. Between six months and one year they are supposed to look for evidence that you might have abandoned your residence. For example, did you keep your apartment? Do you have a job waiting for you? Did you file your taxes while you were gone?

If you are gone more than one year without applying for a re-entry permit prior to leaving then they are required by law to presume you've abandoned your residence. If you are gone more than two years after having obtained a re-entry permit then they are likewise required to presume you've abandoned your residence.

It becomes an issue when you try to reenter the US. If they suspect you've abandoned your residence, but you haven't been gone long enough that they are required to presume you've abandoned your residence, then CBP may seize your green card and parole you into the United States with a date to see the immigration judge. If they are required to presume you've abandoned your residence then CBP may seize your green card and refuse to admit you. You'd be on the next plane back to where you came from.

[Briamatia 0]

Hi! Thank you very much for your answer. I am assuming this is applies for individuals who have a condition green card? For instance non conditional green card holders can live/work outside of the US for long periods of time (talking years)? I ask as my job requires extensive travel and at times oversea postings and my partner (who will hold the green card) plans on accompanying me.

Hi! Thank you very much for your answer. I am assuming this is applies for individuals who have a condition green card? For instance non conditional green card holders can live/work outside of the US for long periods of time (talking years)? I ask as my job requires extensive travel and at times oversea postings and my partner (who will hold the green card) plans on accompanying me.

Hi! Thank you very much for your answer. I am assuming this is applies for individuals who have a condition green card? For instance non conditional green card holders can live/work outside of the US for long periods of time (talking years)? I ask as my job requires extensive travel and at times oversea postings and my partner (who will hold the green card) plans on accompanying me.

[Harpa Timsah 13,258]

Hi! Thank you very much for your answer. I am assuming this is applies for individuals who have a condition green card? For instance non conditional green card holders can live/work outside of the US for long periods of time (talking years)? I ask as my job requires extensive travel and at times oversea postings and my partner (who will hold the green card) plans on accompanying me.

No, the conditions outlined above applies to both conditional Greencards and 10-year Greencards. In fact, there is no difference between the two as far as rights and responsibilities - the only difference is how you renew them.

[S_R 148]

Hi! Thank you very much for your answer. I am assuming this is applies for individuals who have a condition green card? For instance non conditional green card holders can live/work outside of the US for long periods of time (talking years)? I ask as my job requires extensive travel and at times oversea postings and my partner (who will hold the green card) plans on accompanying me.

Hi! Thank you very much for your answer. I am assuming this is applies for individuals who have a condition green card? For instance non conditional green card holders can live/work outside of the US for long periods of time (talking years)? I ask as my job requires extensive travel and at times oversea postings and my partner (who will hold the green card) plans on accompanying me.

Hi! Thank you very much for your answer. I am assuming this is applies for individuals who have a condition green card? For instance non conditional green card holders can live/work outside of the US for long periods of time (talking years)? I ask as my job requires extensive travel and at times oversea postings and my partner (who will hold the green card) plans on accompanying me.

You better reconsider that long posting ... it doesn't matter who holds the green card.

[VanessaTony 3,567]

Hi! Thank you very much for your answer. I am assuming this is applies for individuals who have a condition green card? For instance non conditional green card holders can live/work outside of the US for long periods of time (talking years)? I ask as my job requires extensive travel and at times oversea postings and my partner (who will hold the green card) plans on accompanying me.

No. Neither 2 or 10 year card holders can live and work outside of the US for long periods of time. LPR means "Legal Permanent RESIDENT" meaning they are residing in the US. They can remain outside the US for up to a year. For a period of up to 2 years they require a re-entry permit. They still need to file taxes and maintain a residence in the US during this time.

People try and fool this by going for long periods and then coming back for a short while then back again. This will also result (eventually) in revocation of the GC if CBP determines they're trying to circumvent immigration rules.

So in short, your spouse could visit. Could stay maybe up to 6 months TOTAL but it's risky. You're better off waiting till they have USC (eligible after 3 years of being an LPR if still married to you).

[Briamatia 0]

Hello,

Thank you for the insights. But considering the array of individuals who get married and have different jobs/backgrounds/businesses isn't it a bit unrealistic to think that a person marrying an American citizen will live in America forever? Immigration is not necessarily forever.

Can you provide any additional information regarding the re-entry permit. I have added my husbands name to my house's title in the US. Here is another question-my partner owns a number of business in Kathmandu. Will he have to pay taxes to the US for these businesses?

Sorry I am getting lost in the lingo what is USC?

Thank you!

[VanessaTony 3,567]

Hello,

Thank you for the insights. But considering the array of individuals who get married and have different jobs/backgrounds/businesses isn't it a bit unrealistic to think that a person marrying an American citizen will live in America forever? Immigration is not necessarily forever.

Can you provide any additional information regarding the re-entry permit. I have added my husbands name to my house's title in the US. Here is another question-my partner owns a number of business in Kathmandu. Will he have to pay taxes to the US for these businesses?

Sorry I am getting lost in the lingo what is USC?

Thank you!

USC means US citizen.

It isn't unrealistic that LPR's (legal permanent residents) will remain in the US if they still want to keep their GC's (greencards). If an LPR wants to LEAVE the US for good they are able to and they can hand their GC's in at consulates in their new country. Another option is to apply for US citizenship so they can come and go as they please. I personally will be doing this so that we have the option to move back to Aus without "undoing" everything we've spent time and money on for the last couple of years.

The re-entry permit is form I-131 http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b11747a55773d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

In regards to the businesses YES once your husband is an LPR he will have to pay tax on any income, no matter where he is living or where it is earned. USC's and LPR's are required to file taxes for WORLDWIDE income for the rest of their lives (unless they give up LPR/USC status).

[JimVaPhuong 4,863]

Hello,

Thank you for the insights. But considering the array of individuals who get married and have different jobs/backgrounds/businesses isn't it a bit unrealistic to think that a person marrying an American citizen will live in America forever? Immigration is not necessarily forever.

Can you provide any additional information regarding the re-entry permit. I have added my husbands name to my house's title in the US. Here is another question-my partner owns a number of business in Kathmandu. Will he have to pay taxes to the US for these businesses?

Sorry I am getting lost in the lingo what is USC?

Thank you!

A green card is permission to live and work in the United States. Someone who does not actually intend to live in the United States has no need for a green card. They are a visitor, and a non-immigrant visitors visa would be more appropriate for them. Yes, immigration is not necessarily forever, and an LPR is never required to stay forever in the United States. They can give up their permanent resident status any time they choose to. Conversely, they risk losing their status if they don't reside in the United States. It goes both ways.

You can find a summary of the conditions imposed on LPR's traveling abroad on the USCIS website here:

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=0c353a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=0c353a4107083210VgnVCM100000082ca60aRCRD

The application for a reentry permit is the I-131 form:

http://www.uscis.gov/i-131

Where some people run into problems is when they've tried to get a visitors visa to the United States and were denied at the consulate for lack of strong ties to their home country, so they look at the green card as if it were an easy alternative to the visitors visa. Do you see the quandary here? The consulate denied the visitors visa because they were concerned that the alien might try to use the visitors visa to immigrate to the US, so the alien tries to circumvent this by actually becoming an immigrant! No, if you want the benefits that come with permanent resident status then you must also accept the obligations and responsibilities that come with it. If you become a US citizen then you can go anywhere you like, and stay as long as you want, without risking losing your status in the US.

A permanent resident has an obligation to pay taxes in the United States, even if their income is derived from a source outside the United States. However, US tax law provides a waiver for foreign earned income IF the taxpayer already paid taxes on that income to the foreign government, and IF the taxpayer's total income is below a certain threshold. US citizens are ALSO required to report foreign earned income on their tax returns.

[Zach&Lara 25]

Of course. You are now a permanent resident! You are free to leave and go; provided its before it expires and not after. and if its conditional, do remember to apply to remove conditions 3 months before it expires.