Wondering about K2 moving back to Europe with his mother

[Tina and Johan 206]

My stepson is going to England to visit his mother for the summer.  My husband and he have just begun the process of removing conditions on their greencards a month ago.  Should they decide he will stay with her, what happens to his green card?  How long can he be gone before it's a problem?

 

Thanks in advance!

[Unlockable 7,314]

The condition of being a permanent resident is living inside the US. If living outside the US for too long he will lose his status as a resident.

 

He can apply for a reentry permit which allows him to be outside the US for up to 2 years with risking his status. He must apply for it before he leaves.

 

The best option is for him to wait until he becomes a citizen. Then he can be out of the US as long as he wants.

Edited June 5, 2017 by NuestraUnion

[geowrian 22,337]

Once he abandons residence, he will lose the green card. Whether that has happened or not is at the determination of CBP.

 

In general, travel abroad for over 12 months presents an assumption that residence was abandoned. Barring considerable evidence otherwise, it would likely result in having residence being determined as abandoned. Travel abroad for over 6 months (cumulative) over the course of a year may raise these concerns by CBP as well. Many people have done so fine without any question, some have had issues and were told to get a re-entry permit (but still granted entry), and some have been denied entry.

 

One option is you can file for a re-entry permit for him. That will allow him to leave the US for up to 2 years with the presumption that residence is not being abandoned.

Edited June 5, 2017 by geowrian

[Tina and Johan 206]

thanks, you both.  I'll talk to my husband about it.

[mrzjimenez7810 8]

10 hours ago, Tina and Johan said:

My stepson is going to England to visit his mother for the summer.  My husband and he have just begun the process of removing conditions on their greencards a month ago.  Should they decide he will stay with her, what happens to his green card?  How long can he be gone before it's a problem?

 

Thanks in advance!

HI how are you hope you already know what you guys can do for that. 

 

I have a question and dont know if you can please answer to me.  when you guys applied for the ROC did you have to paid two roc or just one with the two biometrics fees. im going to start the process in a few months but im trying to know all i have to do and be ready.