My case can be denied because Im overseas?

[Daytona 0]

 

Hello folks,

 

I applied for Removal of conditions on Sep 2020 ( 1 year and 2 months  waiting ) - my case ROC is based on Divorce.

Im planning on go overseas for a long period ( like 12 months ), I can even come back to the US before the 6 months mark, but my plan is really to stay overseas for like 10 -12 months

 

Can they deny my case based on the fact that Im staying overseas for 10-12 months? Did happened before?

 

I have my address in the US and I know every piece of mail that I receive so any letter they send me like RFE's Im gonna able to respond fast.

 

The reason I wanna be overseas its coz my father is fighting cancer and we don't really have nobody there to help him. I would not forgive myself if something happens to him. 

 

Im gonna apply for a reentry permit once (if ) my green card get approved, but I dont believe they gonna approve my case in 2022. Its taking more than 2 years at the Potomac center

 

I dont wanna live overseas or nothing like that, it is just a temporary situation.

[aaron2020 11,651]

Apply for a Re-Entry Permit.

 

[Rocio0010 5,579]

You should be fine with a re-entry permit and a paper trail that explains why you were out for so long. Keep a copy of your dad’s medical records if you can. 

[Corey911 37]

Shouldn't be i551 stamp sufficient enough?

 

To the OP, yes, if you miss your interview, your case will be denied.

[Daytona 0]

2 minutes ago, Corey911 said:

Shouldn't be i551 stamp sufficient enough?

 

To the OP, yes, if you miss your interview, your case will be denied.

I have an extention letter valid until OCT 2022, I ll be back before that.

 

If they schedule an internview I ll be in the US for the internview

 

Im just wondering if they will Deny me while they are working on my case because im overseas at the moment

17 hours ago, ra0010 said:

You should be fine with a re-entry permit and a paper trail that explains why you were out for so long. Keep a copy of your dad’s medical records if you can. 

 

 A reentry permit is really necessary? coz at this first moment Im not staying longer than 1 year

19 hours ago, aaron2020 said:

Apply for a Re-Entry Permit.

 

A reentry permit is really necessary, coz at this first moment Im not staying longer than 1 year

 

[Corey911 37]

From USCIS.gov

What if I must leave the United States before I can file a Form I-131 for a reentry permit? You do not need a reentry permit if you will be outside the United States for less than 1 year. If you have been outside the United States for less than 1 year, you may use your Permanent Resident Card (Form I-551) as your travel document.  

 Absent less than 1 year - I551 stamp is enough to enter

1year+

 

If you stay outside of the United States for 1 year or more and did not apply for a reentry permit before you left, you may be considered to have abandoned your permanent resident status. If this happens, you may be referred to appear before an immigration judge to decide whether or not you have abandoned your status. If you are in this situation, contact the U.S. consulate about a returning resident visa.

[Rocio0010 5,579]

24 minutes ago, Daytona said:

 A reentry permit is really necessary? coz at this first moment Im not staying longer than 1 year

 

I guess I misinterpreted. You said you were staying for 12 months. You should be fine without a reentry permit.

[Mr Genuis 91]

21 hours ago, Daytona said:

 

Hello folks,

 

I applied for Removal of conditions on Sep 2020 ( 1 year and 2 months  waiting ) - my case ROC is based on Divorce.

Im planning on go overseas for a long period ( like 12 months ), I can even come back to the US before the 6 months mark, but my plan is really to stay overseas for like 10 -12 months

 

Can they deny my case based on the fact that Im staying overseas for 10-12 months? Did happened before?

 

I have my address in the US and I know every piece of mail that I receive so any letter they send me like RFE's Im gonna able to respond fast.

 

The reason I wanna be overseas its coz my father is fighting cancer and we don't really have nobody there to help him. I would not forgive myself if something happens to him. 

 

Im gonna apply for a reentry permit once (if ) my green card get approved, but I dont believe they gonna approve my case in 2022. Its taking more than 2 years at the Potomac center

 

I dont wanna live overseas or nothing like that, it is just a temporary situation.

I form the uscis about you planned stay before you travel. Else it may complicate your entry. The law is .., if you plan to stay over sea longer than 6 months inform the uscis even though you have a green card.. else they might mistake that for you abandoned of resident. 

[Rocio0010 5,579]

1 minute ago, Mr Genuis said:

longer than 6 months

OP is fine if they're planning to stay way for less than a year. 6-12 m should be fine

[Kai G. Llewellyn 837]

You can be out for up to 12 months but document your intentions of returning and your ties to the US.

 

If you get your interview appointment, fly back immediately. Do. Not. Miss. It.