Re-entry permit dilemma

[Schatzi 0]

I just recently received my conditional greencard and my husband who's currently in Iraq will be coming back on February 2007. He will be stationed in Germany for 2 years and since I am his dependent & included in his orders, I will go wherever he goes. Do I need to apply for a re-entry permit for this? If so, how? Anyone in a similar situation?? Thanks!!

[YuAndDan 153]

International Travel

A Permanent Resident of the United States can travel freely outside of the US. A passport from the country of citizenship is normally all that is needed. To reenter the US a Permanent Resident normally needs to present the green card (Permanent Resident Card, Form I-551) for readmission. A reentry permit is needed for reentry for trips greater than one year but less than two years in duration.

You can find more information about travel documents from "How Do I Get a Travel Document?"

Maintaining Permanent Residence

Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

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 US for more than one 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 US may be considered, even if it is less than one year.
  
• Remain outside of the US for more than two 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 US may be considered, even if it is less than one year.
  
• Fail to file income tax returns while living outside of the US for any period.
  
• Declare yourself a “nonimmigrant” on your tax returns.
  

USCIS Maintaining Permanent Residence

Reentery permit: I-131

[jodee 30]

Cathy,,

Easy answer,..NO. I simply took my greencard, and a copy of my husbands orders stating he is stationed in Germany, showing me on them stationed with him, everytime I travelled back to the States. That and the fact you will also have your sofa card also.

What yu and dan said is technically correct for non-military dependants but, we dont need to do this. I verified it with the USCIS in Frankfurt, before I travelled last time. We also are not subjected to the Residence rule, when it comes down to it, because we are covered under the oreders of the US Government for being out of the country. Rule of thumb is that when we reside overseas, and living in military accomodations, we live on US soil anyways. I sent you a link once before showing you the residence thing....I'll see if I can find it again for you.

Jodee

[jodee 30]

Here's the link,..A Guide to Naturalization,...and scroll down to pages 20, and 21 of the actual document,..not the page number listed on the adobe reader,...there is a part that starts with" if you are,..the spouse of a U.S citizen who is one of the following,....find that and read it,..in fact probably easier to print the document out,..it clarifys that you dont need to maintain residence in the USA because you are stationed with your hubby....Happy reading,..

And I'll let you know how I go,..Im about to go to the states on Thursday for Xmas,..and my Greencard is expired, I have a copy of the orders showing he is one, stationed in Germany, a letter supporting it from his command, my passport and sofa card, and my mil ID card.

I have an appointment to fix my 10yr card while Im there, I have already been approved for it, and lodged all the paperwork from germany, but you already know that.

Jodee

Edited December 10, 2006 by jodee

[Schatzi 0]

Hi Jodee! I'm so glad you replied.. Sorry if I ask too many questions. Just want to make sure that I'm on the right path..Thank you soooo much hun!

Can I apply to lift conditions while I'm there?

Edited December 10, 2006 by fussycathy

[jodee 30]

I never got a re-entry permit,..never needed one, thats what Im telling you, but if you feel better getting one so be it. YES, you can apply to lift conditions while you are here, its exactly what I did, and I have been approved. Im going back next week to go into the USCIS office to hand in my photos, so they can simply issue the card for 10 yrs. You need to apply to lift conditions with your local office according to your residential address you maintain in the USA. I lodged my i-751, with the CSC because , we have a residential address in California, we used his parents address. You need to maintain some sort of residential address in the states for this purpose.

You just need to remember you can lodge all the paperwork here, but if they call you up for Biometrics, you will need to go back to the US. I have only ever had my fingerprints etc done once, and that was when i first loged my AOS back in 2004, they never requested them this time. I did send pics with the application, but they have requested I attend an office stateside at my earliest convenience to hand them in. I rang them, and said it would be a few months before I could do that, and they said thats fine, as long as I go in before the expiration of the one yr extension they gove you on your card after you apply to lift conditions.

Hope this helps..

Jodee

Edited December 10, 2006 by jodee

[jodee 30]

What I meant in the previous post was "You just need to remember you can lodge all the paperwork from here in Germany, and send it to the States"

Edited December 10, 2006 by jodee

[Schatzi 0]

I never got a re-entry permit,..never needed one, thats what Im telling you, but if you feel better getting one so be it. YES, you can apply to lift conditions while you are here, its exactly what I did, and I have been approved. Im going back next week to go into the USCIS office to hand in my photos, so they can simply issue the card for 10 yrs. You need to apply to lift conditions with your local office according to your residential address you maintain in the USA. I lodged my i-751, with the CSC because , we have a residential address in California, we used his parents address. You need to maintain some sort of residential address in the states for this purpose.

You just need to remember you can lodge all the paperwork here, but if they call you up for Biometrics, you will need to go back to the US. I have only ever had my fingerprints etc done once, and that was when i first loged my AOS back in 2004, they never requested them this time. I did send pics with the application, but they have requested I attend an office stateside at my earliest convenience to hand them in. I rang them, and said it would be a few months before I could do that, and they said thats fine, as long as I go in before the expiration of the one yr extension they gove you on your card after you apply to lift conditions.

Hope this helps..

Jodee

I definitely wouldn't apply for it if it's not really needed. That would cost me another $170 bucks hahaha... Thanks Jodee! You've been really helpful.. I don't know what I'd do without you. And yeah, I got my SOFA card last September... Have a safe trip!