Travel outside the U.S after GC arrives

[Bhondu 0]

Hi

After the conditional Green card is received from adjustment of status process, is there any certain limit of months' time to go out of the U.S.?

I am aware that when you have a green card, living outside the U.S. for up to a year is fine. Is there any problem when you go out of the U.S for about 8-9 months after you get your conditional Green card?

Thank you!

[huongkhin 9]

Check this: http://www.***removed***/greencard/retain-greencard.html

[Bhondu 0]

This link doesn't work.

[Cesar & Cata 35]

Hi

After the conditional Green card is received from adjustment of status process, is there any certain limit of months' time to go out of the U.S.?

I am aware that when you have a green card, living outside the U.S. for up to a year is fine. Is there any problem when you go out of the U.S for about 8-9 months after you get your conditional Green card?

Thank you!

I believe to maintaine LPR status you need to live in the US for at least six months out of the year. In order to leave for the time you mentioned you will likely need a re-entry permit (I think its called).

This looks like a similar thread:

http://www.visajourney.com/forums/topic/330765-do-we-need-a-re-entry-permit-into-the-us/

Edited November 27, 2012 by Cesar & Cata

[hmh33 117]

Generally:

Absence of less than 6 months, no problems.

Absence between 6 and 12 months, you may need to prove that you've maintained ties to the U.S., justify your absence etc. A reentry permit is optional, but it's a good way to prove that you did not intend to abandon your residence.

More than 12 months, you must have a reentry permit or you will be presumed to have abandoned your status as permanent resident.

[Bhondu 0]

Is it mentioned anywhere on USCIS website for re-entry permit if the absence is between 6-12 months?

[aaron2020 11,651]

Hi

After the conditional Green card is received from adjustment of status process, is there any certain limit of months' time to go out of the U.S.?

I am aware that when you have a green card, living outside the U.S. for up to a year is fine. Is there any problem when you go out of the U.S for about 8-9 months after you get your conditional Green card?

Thank you!

A green card is for living in the US, so anytime outside the US is relevant to the abandonment issue.

It is a fallacy that it is fine to "live outside the US for up to a year." That's is not true.

To determine abandonment of a green card, time outside the US is only one consideration. If a person fails to maintain ties to the US or file US tax returns or claims residency in another country, then that person can be determined to have abandoned his green card.

For example; immigrant comes to US in January and leaves after a few weeks. He goes to China in February and claims residency in China. Under US laws, he has abandoned his US residency by claiming residency in another country.

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

Maintaining Permanent Residence

You may lose your permanent resident status (green card) if you commit an act that makes you removable from the United States under the law, as described in Section 237 or 212 of the Immigration and Nationality Act (INA) (see the “INA” link to the right). If you commit such an act, you may be brought before an immigration court to determine your right to remain a permanent resident.

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

[Bhondu 0]

Thank you all for your replies.

I am just trying to validate where it says on the USCIS website about 6-12 month period if it is "optional" to apply for a re-entry permit. All I found was information that clearly states to get re entry permit if you stay outside the US for more than 1 year. It would be great if someone could point me towards that topic. Thanks for your help guys. This is really confusing. Sometimes I don't understand if recommendations by members are based on USCIS or their personal experience.

And another topic of interest would be to find the difference between the conditional and permanent green card.

Thanks again everyone

[hmh33 117]

I don't know whether there's any information about that on the USCIS website. Remember that at the border you will be facing CBP, not USCIS - a completely different government department. Applying for a reentry permit for a trip between 6 and 12 months is by definition optional because it is permitted but not required. It's something you can do ahead of time if you have any doubts about whether your trip will extend beyond 12 months, or if you are worried that you'll have limited alternative evidence to prove that you did not intend to abandon U.S. residence.

[ValerieA 350]

A conditional green card is issued if the marriage is < 2 years old when the green card is approved. It means you have to remove conditions (giving you a 10-year green card) 2 years after approval. A "permanent" green card is issued if you were married for 2 or more years when your permanent resident (green card) status is approved. Permanent is a bit of a misnomer, since it is only good for 10 years.

[hmh33 117]

A conditional green card is issued if the marriage is < 2 years old when the green card is approved. It means you have to remove conditions (giving you a 10-year green card) 2 years after approval. A "permanent" green card is issued if you were married for 2 or more years when your permanent resident (green card) status is approved. Permanent is a bit of a misnomer, since it is only good for 10 years.

This is true, but it has nothing to do with the abandonment issue behind the OP's question.

[ValerieA 350]

Thank you all for your replies.

I am just trying to validate where it says on the USCIS website about 6-12 month period if it is "optional" to apply for a re-entry permit. All I found was information that clearly states to get re entry permit if you stay outside the US for more than 1 year. It would be great if someone could point me towards that topic. Thanks for your help guys. This is really confusing. Sometimes I don't understand if recommendations by members are based on USCIS or their personal experience.

And another topic of interest would be to find the difference between the conditional and permanent green card.

Thanks again everyone

This is true, but it has nothing to do with the abandonment issue behind the OP's question.

Read his second last sentence. No one else was addressing it.

[Jahwaree 83]

A conditional GC? I would not leave for such a long time.6 mths; unless there's some reason like a dying parent that could be verified even with 10 yr GC staying out for a yr can bring lots of questions at poe. Y is you living away from a new marriage

[USA-ALG 63]

If that's the situation, then how do we get re-entry permit? What are the procedures? This is new to me.

Your reply would be greatly helpful to the lot of us.

Many thanks!

E

I believe to maintaine LPR status you need to live in the US for at least six months out of the year. In order to leave for the time you mentioned you will likely need a re-entry permit (I think its called).

This looks like a similar thread:

http://www.visajourn...it-into-the-us/

[jhm3 15]

If that's the situation, then how do we get re-entry permit? What are the procedures? This is new to me.

Your reply would be greatly helpful to the lot of us.

Many thanks!

E

From the USCIS Information Sheet on Re-entry Permits (which explains the application process for the permit) at http://www.uscis.gov/USCIS/Resources/B5en.pdf:

"A lawful permanent resident (LPR) normally may travel outside the United States and return; however, there are some limitations. A reentry permit can help prevent two types of problems:

"• Your Permanent Resident Card becomes technically invalid for reentry into the United States if you are absent from the United States for 1 year or more.

"• Your U.S. permanent residence may be considered as abandoned for absences shorter than 1 year if you take up residence in another country.

"A reentry permit establishes that you did not intend to abandon status, and it allows you to apply for admission to the United States after traveling abroad for up to 2 years without having to obtain

a returning resident visa. Reentry permits are normally valid for 2 years from the date of issuance."

From personal experience: Returning to the US with my then-LPR wife after an absence of only 5 months, the CBP officer stated that she really should have a re-entry permit if she was going to spend extended periods outside the United States. Even though the Re-entry Permit is technically only *required* for absences of between 1 and 2 years, it seems to can be helpful in satisfying immigration officers at the Port of Entry that a Permanent Resident hasn't abandoned status (even in cases that really shouldn't present any problems at all, like our 5-month absence).