Abadoning GreenCard while a conditional LPR

[NewBeginnings1 10]

My husband has left back home. He isn't in the most stable mental condition and isn't thinking rationally. I want to be certain that while he clears his mind and figures out what he wants to do with his life (he left with no possessions nor money) that he doesn't permanently loose his right to re-enter and be with his kids. He is young and dumb and I think the hard truth that America, although the land of opportunity, is just has hard if not harder than a 3rd world country. Opportunities exists here, but you have to fight tooth and nail for it. He created a mess of his life and had what I want to say is a nervous break down.

My questions are;

1- How long can he remain out of the country?

2- Will CBP allow him back in with just his green card and US license (he lost his passport)?

3- Should I put money in his bank account, just to keep it active?

4- Also, removal of conditions is due to be submitted late December, early January. If he is out longer than that, what could be done about it? On a side note, he lost his green card in January and applied for a duplicate. The duplicate arrived two weeks ago and states expires 4/2017. But his conditional status ends 4/2016. Do you generally have up to a year to remove conditions? and if he enters after 4/2016 will they allow him in because the newly issued greencard says expires 2017?

Edited September 11, 2015 by NewBeginnings1

[UK_Fan 192]

My husband has left back home. He isn't in the most stable mental condition and isn't thinking rationally. I want to be certain that while he clears his mind and figures out what he wants to do with his life (he left with no possessions nor money) that he doesn't permanently loose his right to re-enter and be with his kids. He is young and dumb and I think the hard truth that America, although the land of opportunity, is just has hard if not harder than a 3rd world country. Opportunities exists here, but you have to fight tooth and nail for it. He created a mess of his life and had what I want to say is a nervous break down.

My questions are;

1- How long can he remain out of the country?

2- Will CBP allow him back in with just his green card and US license (he lost his passport)?

3- Should I put money in his bank account, just to keep it active?

4- Also, removal of conditions is due to be submitted late December, early January. If he is out longer than that, what could be done about it? On a side note, he lost his green card in January and applied for a duplicate. The duplicate arrived two weeks ago and states expires 4/2017. But his conditional status ends 4/2016. Do you generally have up to a year to remove conditions? and if he enters after 4/2016 will they allow him in because the newly issued greencard says expires 2017?

1- 6 months

2- no, passport is required

3- up to you

4- removal of conditions must be submitted within the 90 days window of the expiration of the card. Not sooner, not later. They will not allow him back in if the card is expired or if he has been out of the country for longer than 6 months.

Edited September 11, 2015 by UK_Fan

[NewBeginnings1 10]

1- 6 months

2- no, passport is required

3- up to you

4- removal of conditions must be submitted within the 90 days window of the expiration of the card. Not sooner, not later. They will not allow him back in if the card is expired or if he has been out of the country for longer than 6 months.

So expiration on the new card? How did they extend it another year? We applied for AOS in November 2013 and he got his green card issued April 2014. Lost card Jan 2015 and received new card Aug 2015 with expiration of 4/2017

I'm trying to understand when he has to remove conditions.

Edited September 11, 2015 by NewBeginnings1

[puffers 14]

He has to remove conditions 90 days before the card expires.

And he definitely needs a passport to come back, otherwise he won't even be able to board a plane and never even make it to CBP.

Edited September 11, 2015 by puffers

[S_R 148]

He needs a passport to board a plane but one isn't required to reenter the United States. I'm speaking from personal experience. I only always showed my green card on arrival and I was fingerprinted and waived right through.

What documents, identification, and paperwork does a legal permanent resident (LPR) or Green Card holder need to travel internationally?

Lawful Permanent Residents of the U.S. must present a Permanent Resident Card ("Green Card", INS Form I-551), a Reentry Permit (if gone for more than 1 year), or a Returning Resident Visa (if gone for 2 years or more) to reenter the United States. U.S. LPRs do not need a passport to enter the United States as per (8 CFR 211.1(a)), however, they may need a passport to enter another country. Please contact the embassy of the foreign country you will be traveling to for their requirements. While CBP does not require the passport as noted above, the airlines may have their own requirements, please check with your airlines prior to travel. Also, travel documents for LPRs do not need to be valid for any certain amount of time. Your LPR card only needs to be valid on the day that you are entering the US.

Edited September 11, 2015 by S_R

[Hardfacts123 50]

He can always get a passport, since you say he went back home. There is no way he went back to Jamaica without any money, you may think he had none, but someone is filling the gap.

He needed his passport to enter back into Jamaica, and he needed one to get on a plane. You says he had no GC, you have the replacement? Pieces are missing, but no need to fill in, they are not important now.

I know as a human being and his wife you are concerned, but have you spoken to his relatives back home, did he arrive there safely, if so everything else is left up to him. You needs to figure out what it is that you wants to do now for you and the children.

[Expat1 971]

1- 6 12 months

2- no, passport is required

3- up to you

4- removal of conditions must be submitted within the 90 days window of the expiration of the card. Not sooner, not later. They will not allow him back in if the card is expired or if he has been out of the country for longer than 6 12 months.

Fixed.

http://www.uscis.gov/green-card/after-green-card-granted/international-travel-permanent-resident

1. A general guide used is whether you have been absent from the United States for more than a year. Abandonment may be found to occur in trips of less than a year where it is believed you did not intend to make the United States your permanent residence. While brief trips abroad generally are not problematic, the officer may consider criteria such as whether your intention was to visit abroad only temporarily, whether you maintained U.S. family and community ties, maintained U.S employment, filed U.S. income taxes as a resident, or otherwise established your intention to return to the United States as your permanent home.

2. If seeking to enter the United States after temporary travel abroad, you will need to present a valid, unexpired “green card” (Form I-551, Permanent Resident Card).

Please ensure that the "ties" noted above are in place and verifiable

Consequences of being outside the US for more than 6 months:

Additionally, absences from the United States of six months or more may disrupt the continuous residency required for naturalization. If your absence is one year or longer and you wish to preserve your continuous residency in the United States for naturalization purposes, you may file an Application to Preserve Residence for Naturalization Purposes on Form N-470.

Please provide accurate information in the future. Thanks

Edited September 12, 2015 by Trumplestiksin

[NewBeginnings1 10]

He can always get a passport, since you say he went back home. There is no way he went back to Jamaica without any money, you may think he had none, but someone is filling the gap.

He needed his passport to enter back into Jamaica, and he needed one to get on a plane. You says he had no GC, you have the replacement? Pieces are missing, but no need to fill in, they are not important now.

I know as a human being and his wife you are concerned, but have you spoken to his relatives back home, did he arrive there safely, if so everything else is left up to him. You needs to figure out what it is that you wants to do now for you and the children.

He totally went back with no money. Other than a few hundred dollars from selling his cell phone.

Edited September 21, 2015 by NewBeginnings1

[Boiler 45,519]

Technically he has abandoned his residency.

[Hardfacts123 50]

This action tells that he has no intention of coming back to the US. It seems he has abandoned everything and everyone. You now knows what it is you need to do.