Jump to content

3 posts in this topic

Recommended Posts

Filed: IR-1/CR-1 Visa Country: Colombia
Timeline
Posted

Our family is taking a vacation out of the country next month. I (US Citizen) will be out of the country for 3 weeks. My wife (Permanent Resident) and 2 daughters (US Cit) will be out as of now for 5 weeks. However, they are thinking about staying for some more time, maybe until school starts back up in the fall (September). How would this affect the removing conditions scheduled in February 2008? How would it affect the naturalization scheduled in February 2009?

Thanks.

5.26.23: Wedding

6.24.23: I-130

8.21.24: NVC

Filed: Country: Jamaica
Timeline
Posted
Our family is taking a vacation out of the country next month. I (US Citizen) will be out of the country for 3 weeks. My wife (Permanent Resident) and 2 daughters (US Cit) will be out as of now for 5 weeks. However, they are thinking about staying for some more time, maybe until school starts back up in the fall (September). How would this affect the removing conditions scheduled in February 2008? How would it affect the naturalization scheduled in February 2009?

Thanks.

It is my understanding that until it passes 6 months, it's cool. My SIL had this same question. She ended up going back to Jamaica for 9 months last year. Her residency time started all over again when she came back to the US. She's upset with herself now.

Life's just a crazy ride on a run away train

You can't go back for what you've missed

So make it count, hold on tight find a way to make it right

You only get one trip

So make it good, make it last 'cause it all flies by so fast

You only get one trip

Filed: IR-1/CR-1 Visa Country: Colombia
Timeline
Posted

For some reason I always end up answering my own question. Here it is for anyone who needs this answer in the future:

A permanent resident alien returning to the United States from a visit abroad of less than a year may apply for readmission by presenting an Alien Registration Receipt Card ("green card") to the immigration authorities at a port of entry. The one-year time limitation does not apply to the spouse or child of a member of the Armed Forces of the United States, or of a civilian employee of the U.S. Government stationed abroad pursuant to official orders. In this case, the spouse or child must present the card mentioned above, not have relinquished residence, and be preceding or accompanying the member or employee, or be following to join the member or employee in the United States within four months of the return of the member or employee.

Note: You can be denied re-entry into the United States if the officer determines that you have not lawfully maintained US residency. Simply visiting the United States before your one year "is up" is NOT always enough to maintain your green card. You must be living in the US to maintain legal alien status. If the gov't suspects that this is not the case, you can be denied! For this reason, most attorneys strongly suggest that you NOT remain out of the country for more than six months at a time. Be careful!

A permanent resident alien who intends to remain abroad for more than a year should, at least 30 days prior to the proposed date of departure, apply while in the United States to the U.S. Immigration and Naturalization Service for Reentry Permit. The permit is valid for two years and may not be extended. If such a permit is obtained the alien may use this card to reenter the United States within the period of validity. Every alien applying for readmission must satisfy the immigration authorities that he or she is eligible in all respects for admission.

A Reentry Permit does not preserve residence for naturalization purposes. An application for preservation of residence must be filed with INS prior to departure from the United States. Further information may be obtained from the INS office having jurisdiction over the alien's place of residence in the United States.

Travel documents required for entry into foreign countries come within the jurisdiction of the government concerned; information on such matters should be requested from the representatives of those countries in the United States. A Reentry Permit contains space for visas issued by consular representatives of other countries.

Permanent resident aliens who are unable to return to the United States within the travel validity period of the Alien Registration Receipt Card, or the Reentry Permit, may apply to the nearest U.S. consular office for a special immigrant Returning Resident (SB-1) visa. To qualify for such status aliens must show:--

That they were lawful permanent residents when they departed the United States. -- That when they departed they intended to return to the United States and have maintained this intent: -- That they are returning from a temporary visit abroad and, if the stay was protracted, that it was caused by reasons beyond their control and for which they were not responsible; and -- That they are eligible for the immigrant visa in all other respects.

Applicants who wish to apply for Returning Resident (SB-1) visas should contact the nearest consular office well in advance of their intended travel (at least three months in advance, if possible) to permit sufficient time for visa processing.

If the returning Resident (SB-1) visa is refused on the grounds that the alien has given up his residence in the United States, it may or may not be possible to obtain a nonimmigrant visa, depending on whether the applicant has established a residence abroad to which he will return. If the applicant wishing to return to the United States cannot submit convincing evidence of compelling ties abroad he may have to apply for an immigrant visa on the same basis by which he immigrated originally, if that is possible.

Sources: U.S. Department of State Consular Affairs Public Affairs Staff Washington, D.C. 20520

5.26.23: Wedding

6.24.23: I-130

8.21.24: NVC

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...