Traveling, GC, other issues, URGENT

[errand 0]

Fairly new to this site, but I've poked around a few times. My apologies if this is posted in the wrong place, I'm looking for information as quickly as possible.

My wife and I have been married since 2010 and she got her 2 year GC in August 2010. We've sent in i751 to remove restrictions, received a notice on that for her to go in for biometrics (I think it's toward the end of July, I can't remember off the top of my head) and also the (what seems to be, looking around this website) the typical 1-year extension of GC while the i751 is getting processed.

A gear has been thrown into the works now - my wife's father (my father-in-law) has developed cancer in early June and it's progressed fast to a stage 4 in about 6 or 8 weeks. He's not looking good... Her mother died from cancer when my wife was 5, so she's understandably torn up by the whole thing.

We're trying to send her back for a while, and if it messes up paperwork, then I guess so be it, I just wanted to have my facts straight. Things will need to start falling into place and travel plans made pretty fast, within the next week or two.

I've seen a bunch of technical dates and considerations, but I can't remember what they covered; like, if you live 180 + 1 days out of country, then you're disqualified for GC or something like that? Is this a concern? Can anyone else bring up some issues that we should be aware of before my wife leaves country (it could be for several months, we really don't know).

Thank you for any help, again this is time sensitive considering my father-in-law's health and the status of our i751.

[Alex and Sofya 7]

We've sent in i751 to remove restrictions, received a notice on that for her to go in for biometrics (I think it's toward the end of July, I can't remember off the top of my head) and also the (what seems to be, looking around this website) the typical 1-year extension of GC while the i751 is getting processed.

She has to try to do her biometrics before she leaves the states.

Edited July 19, 2012 by Alex and Sofya

[Harpa Timsah 13,258]

It would be better if she can try a walk-in appointment for her biometrics before she leaves (especially if she might be gone a while) but it is not necessary. You can reschedule her biometric appointments (and continue to reschedule) but that is more hassle and stress for you. She could also travel back to the US to attend her biometric appointment and leave again. She will need a reentry permit if she thinks she will be gone for a year.

[errand 0]

It would be better if she can try a walk-in appointment for her biometrics before she leaves (especially if she might be gone a while) but it is not necessary. You can reschedule her biometric appointments (and continue to reschedule) but that is more hassle and stress for you. She could also travel back to the US to attend her biometric appointment and leave again. She will need a reentry permit if she thinks she will be gone for a year.

I think she's going to wait until at least after the biometrics, it's so close and we can't afford a ticket that would leave before that, to be honest. Is 1-year the time frame we should be concentrating on not going over overseas? She also spent about 90 days at home last year (first visit home since 2005) - do the times ADD or are the separate from each other?

Thank you both for the quick reply and good information!

[Harpa Timsah 13,258]

The times are separate from each other. Though, I think you have less than a year actually because your extension letter has already been issued, and presumably some months are already gone.

[errand 0]

The times are separate from each other. Though, I think you have less than a year actually because your extension letter has already been issued, and presumably some months are already gone.

Correct, but ideally by that time the restriction would be removed anyhow and it wouldn't be an issue. I believe the 1 year extension began in mid-June.

[ceadsearc 516]

Correct, but ideally by that time the restriction would be removed anyhow and it wouldn't be an issue. I believe the 1 year extension began in mid-June.

I would double check if a green card can legally be sent through the mail. She may have to return to get it when it is issued. She also needs to be prepared of the possibility of returning for an interview. And if she plans to stay out a year (even if it is with a small break in between) make sure she has proof she is maintaining residency in the US. As Harpa said, if the biometrics office isn't too far she can try a walk-in to speed up biometrics.

[gnasa 3]

I'll try to help clarify some points

Regarding length of time US LPR is outside of US, I feel these guidelines apply:

- if LPR is out of US for <6 months = generally no suspicion of abandoned residency

- if LPR has a continued pattern & history of 'visiting' US every 6 months (I'll guess something like 3 times) = some suspicion of abandoned residency

- if LPR is out of US for >6 but <12 months = some suspicion of abandoned residency

- if LPR is out of US for >12 months (365 continuous days) WITHOUT A RE-ENTRY PERMIT = automatic abandonment of residency/GC

I encourage you to educate yourself about the ways of maintaining residency and good evidence that helps with this.

Supposedly, USCIS does not use the timeframe during a valid Re-Entry Permit (REP) if they bring a case of suspected abandoned residency. REP's are generally issued for a validity of 2 yrs or until current visa status expires, whichever is earliest. They can be renewed under certain circumstances. Applicant must be in US when USCIS receives the application and for biometrics but can leave in-between and after. I do not have a good understanding of possible complications of obtaining a REP during the ROC process.

In your wife's case, I'd just follow the above guidelines and make sure she maintains 'residency' in the US in parallel with complying with all biometrics/interview requests for the ROC process. After approved I think the 10-yr card is mailed to you in the US. Technically I think it is illegal to mail a green card somewhere after that, but I really doubt it would be an issue if FedEx'ed to her if she's outside country when its issued.

Also, I'm trying to help and offer my point of view, but I'm not a lawyer so this may be incorrect.