LPR Husband needs to stay in Dominican Republic for Extended Period of Time

[vochoa8a 3]

My father in law passed away on October 29, 2021. 

 

He passed away due to Covid and coincidentally - he passed away while my LPR husband, myself (USC) and our two children (USC) were on a three week vacation here in the Dominican Republic. 

 

Our trip was to span from October 12 - November 3rd. 

 

My husband ended up staying here in DR with our son while my daughter and I traveled back to California in order for me to give a two weeks notice at work, pack our things, and come back to DR.

 

I left DR on Nov. 3rd and recently came back on Dec. 14, 2021. 

 

I feel really lost and confused. My family and I uprooted from Los Angeles to remain here in DR to be supportive to my husbands family. He only has one brother and his mother so they are a small family and they are looking towards my husband (the eldest of two) for guidance and support during this very difficult time. 

 

We will have to remain in DR for an extended period of time but are worried and do not want to jeopardize his LPR status. 

 

What should we do? It would be very difficult for us to fly back to California (especially during these crazy Covid times) to simply apply for a re-entry permit and wait several months until it gets approved. Is there a way we can remain in DR but still apply for some sort of permit that will allow us to stay here in DR for at least a year? Any guidance would be incredibly helpful.

 

Thank you all so much in advance!

 

 

[aaron2020 11,651]

Sorry, no.  

 

Choosing to stay outside the US for more than a year will put his LPR status in jeopardy.  

 

Your husband needs to come back to the US to apply for a Re-Entry Permit and do biometrics.  

[SteveInBostonI130 3,459]

Your husband has up to a year to return.  Do you expect that your husband needs to remain in DR beyond Oct 2022?

 

If so, he may qualify for an SB-1 visa when you are ready to return.  That visa has a provision, however.  It is for those who stayed outside the US due to circumstances beyond his/her control.

 

A death of a family member is understandably traumatic, but being away 11+ months after that death may not qualify.  It is up to the discretion/judgement of the CO at the embassy. 

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/returning-resident.html

 

 

[aaron2020 11,651]

7 minutes ago, SteveInBostonI130 said:

Your husband has up to a year to return.  Do you expect that your husband needs to remain in DR beyond Oct 2022?

 

If so, he may qualify for an SB-1 visa when you are ready to return.  That visa has a provision, however.  It is for those who stayed outside the US due to circumstances beyond his/her control.

 

A death of a family member is understandably traumatic, but being away 11+ months after that death may not qualify.  It is up to the discretion/judgement of the CO at the embassy. 

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/returning-resident.html

 

 

He is not going to get an SB-1.  He is choosing to stay in the DR.  Nothing is "out of his control."

 

He needs a Re-Entry Permit if he is going to stay outside the US for more than a year.

 

The fact that the entire family has moved to the DR is not good to pointing out that he is maintaining ties to the US.  It shows that the family moved for more than a year and points towards abandonment of his LPR status.  

[vochoa8a 3]

I am so thankful to everyone for writing back! 

 

My father in law was the supervisor for many construction projects and due to his passing, my husband is now by default, the only other person who can take over his work. If he doesn't take over the jobs his father was supervising, the family business would be placed in jeopardy.

 

However, a year is sufficient time in order for us to leave everything in order. I was really worried because I thought we could only be here for no more than 6 months with his Green card. 

 

And obviously I had to move to DR because...why would I be away from my husband from months on end? It's simply not happening. We are together always and this would not be the exception. 

 

If anyone else has any further insight, I welcome it. Thank you!

[Adventine 3,196]

Only that your husband should also be training someone local in the DR to become his backup, for your eventual return to the US. Good succession planning will prevent this situation from happening again.