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Posted

Hi everyone,

I'm a 2 year Green Card holder who adjusted from a k1 visa

I got a job offer from my home country and I will have to be gone for about 6 Months while my husband is in the States looking for a job for himself. 

I was wondering if that will be a problem when I come back to the states? Will that affect my GC status or affect me when I remove my conditions next year? 

 

Filed: Citizen (apr) Country: Myanmar
Timeline
Posted (edited)
23 minutes ago, kalamatak said:

Hi everyone,

I'm a 2 year Green Card holder who adjusted from a k1 visa

I got a job offer from my home country and I will have to be gone for about 6 Months while my husband is in the States looking for a job for himself. 

I was wondering if that will be a problem when I come back to the states? Will that affect my GC status or affect me when I remove my conditions next year? 

 

What does "about" mean? Less than, equal to, greater than?

 

I'll assume the latter.

 

Before you leave the USA for 6 months or more, you must apply for and receiver a re-entry permit. Otherwise it will be a problem:

  • You might not be re-admitted to the USA after being away for more than 6 months
  • When you file for removal of conditions, your application might be rejected, and you might lose your permanent residency
  • When you file for USA citizenship, your application might be rejected and you might lose your green card.
Edited by Mike E
Posted
28 minutes ago, Mike E said:

Before you leave the USA for 6 months or more, you must apply for and receiver a re-entry permit

It's actually one year, not 6 months.

https://www.uscis.gov/sites/default/files/USCIS/Resources/B5en.pdf

 

For absences longer than 6 months, CBP may start questioning your intention and you may have to provide documentations proving ties to the US. For absences longer than 1 year,  you will need the re-entry permit. 

Filed: Citizen (apr) Country: Australia
Timeline
Posted (edited)
2 hours ago, Mike E said:

What does "about" mean? Less than, equal to, greater than?

 

I'll assume the latter.

 

Before you leave the USA for 6 months or more, you must apply for and receiver a re-entry permit. Otherwise it will be a problem:

  • You might not be re-admitted to the USA after being away for more than 6 months
  • When you file for removal of conditions, your application might be rejected, and you might lose your permanent residency
  • When you file for USA citizenship, your application might be rejected and you might lose your green card.

A few slight corrections .. 

 

1. being out out of the country for more than 6 months but less than a year will not cause difficulties when returning on its own ... unless the CBP Officer feels that the reason for the trip is cause to assume abandonment of LPR status ... and my concern would be that taking a 6 month job in home country MAY raise that question. Important to be prepared on return to demonstrate why that assumption is incorrect 

 

2. Not in isolation it won’t  , not just because of the length of time out 

 

3. Although the continuous residence period is interrupted by an absence of over 6 months  but less than one year , naturalisation application won’t be rejected for that alone .. it just changes the application eligibility date 

 

Edited by Lil bear
Filed: Citizen (apr) Country: Myanmar
Timeline
Posted

As a former green card holder, I would never advise a green card holder to stay out of the country for 6 months or more without a re-entry permit. The replies imply or state otherwise, and I disagree. In 30+ years as I green card holder, USA passport control officers (INS, then CBP) have asked me if I was gone for 6 or more months.

 

We can agree to disagree (or not). But I'm out of this thread.

 

 

 
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