Need Help

[Teddy Guli 1]

My Husband’s green card was approved. He is in the US for about 2 weeks and his father is very serious and he needs to go back. Can he go? Do we need to file any application?

[Capital Z 51]

Did he got his green card in the mail already? If yes he can go unless he is intending to stay there for an extended period of time i.e beyond 6 months.

[Teddy Guli 1]

Thank you for your quick response. He has the papers but is waiting for the card. I read that he has to be in the US for 180 days continuously. What application will I need to file if the situation requires him to stay over 6 months.

[Ontarkie 14,234]

~~Moved to Working and Traveling, from Ir1/CR1 P&P~~

[Capital Z 51]

7 minutes ago, Teddy Guli said:

Thank you for your quick response. He has the papers but is waiting for the card. I read that he has to be in the US for 180 days continuously. What application will I need to file if the situation requires him to stay over 6 months.

I551 stamp on his passport can act as a temporary green card but I would suggest that he wait till he gets his physical GC before leaving USA secondly "

If you are outside of the U.S. for less than 1 year, you will only need your green card (I-551) or a returning resident visa to re-enter the U.S.

If you will, however, be outside of the U.S. for longer than 1 year, you will need to apply for a re-entry-entry permit."

 

"

Applying for a Re-entry Permit

If you plan to stay outside of the U.S. for longer than 1 year, you will have to apply for a re-entry permit. Otherwise, you will not be allowed back in. You have to apply for the re-entry permit (also known as the Form I-131, Application for Travel Document) with the United States Citizenship and Immigration Services before you leave on your trip. You can’t apply for one when you are outside of the U.S., so make sure to apply before you leave. 

Remember that your re-entry permit will only be valid for 2 years from the date it was issued. This period cannot be extended. If you stay outside of the U.S. past your re-entry permit’s “expiration date”, you may be denied entry back into the U.S. Note if you are a conditional permanent resident, your re-entry permit will expire on the same day your conditional permanent residency expires. "

Edited January 21, 2021 by Capital Z

[Teddy Guli 1]

Thanks for your suggestion.