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-   -   How long can A GREEN CARD HOLDER be outside the US without jeopardizing the status (https://www.askmehelpdesk.com/showthread.php?t=307459)

  • Feb 1, 2009, 12:06 AM
    lawanwadee
    Quote:

    Originally Posted by bamoh View Post
    lawan!...firstly thanks for the immense services you render us !..very resourceful am compelled to say!..When you mentioned the 3 year duration to become a US citizen as a LPR by way of marrying a US citizen,is that after the conditions have been lifted or is it from when you secure your first conditional green card?

    You can apply for naturalization if...

    @ You have become LPR for 3 years commencing from the date issued on the first card, and
    @ You're still married to the same spouse (the one who petitioned you visa).
  • Feb 1, 2009, 12:08 AM
    lawanwadee
    Quote:

    Originally Posted by bamoh View Post
    ....How long does the service take to mail a conditional green card once an I -130 approval notice (partaining to a marriage based case)has been sent?,,is there a time window?

    Do you mean CR-1 visa? Are you already in US? What country you're from?
  • Feb 1, 2009, 10:43 PM
    bamoh
    Labor cert green card application,then.
    ... if you were in wait for a labor cert based green card case,and it is denied after a good 7 years wait, after the process you marry a us citizen in good faith, a case is filed 6 months after the union and the case is approved, does one secure a conditional green card or what do you get when they approve both your I-130 and your I-485?
  • Feb 1, 2009, 10:52 PM
    lawanwadee
    Quote:

    Originally Posted by bamoh View Post
    ......if you were in wait for a labor cert based greencard case,and it is denied after a good 7 years wait, after the process you marry a us citizen in good faith ,,a case is filed 6 months after the union and the case is approved,,does one secure a conditional green card or what do you get when they approve both your I-130 and your I-485?

    Nothing to do with the denied case, if you have been married less than 2 years by the date you submitted I-130, you will get conditional green card.

    By the way, what happened to the employment based case, what the attorney say? Did you file an appeal?
  • Feb 2, 2009, 01:10 AM
    bamoh
    Follow up on labor based case
    ... lawanwadee!. to answer your earlier question.. the attorney deemed it wise not to because the grounds for denial were that the employer could no longer exhibit potential to support the salary he was willing to pay then,, business trend had dwindled by the time it was reviewed .A lot can happen in a business in a 7 year window.

    *'''''Now outside of that,, if a conditional green card holder wins a diversity lotto visa,can he apply for that as well?. and if so,, can the process be effected here? or one has to go to their respective home country to process the new case?. moreso, is it even advisable?. since one has a green card already,albeit with conditions?
  • Feb 2, 2009, 02:51 AM
    lawanwadee
    Quote:

    Originally Posted by bamoh View Post
    ....lawanwadee!..to answer your earlier question..the attorney deemed it wise not to because the grounds for denial were that the employer could no longer exhibit potential to support the salary he was willing to pay then,,,business trend had dwindled by the time it was reviewed .A lot can happen in a business in a 7 year window.

    *'''''Now outside of that,,,if a conditional green card holder wins a diversity lotto visa,can he apply for that as well?..and if so ,,,can the process be effected here?.or one has to go to their respective home country to process the new case?..moreso,,is it even advisable?..since one has a green card already,albeit with conditions?

    If you already have green card with 2 yr condition, you are not eligible to participate in diversity lotto visa.
  • Feb 6, 2009, 12:20 AM
    bamoh
    Dv lotto visa
    lawanwadee!. case in point!. an illegal in US lands the diversity lottery visa.. (overstayed tourist visa while in the US) of course... does one file the lottery paperwork while in the US or one has to go back to the respective home consulate to effect this?

    ... As always many thanks for your immense legal counsel
  • Feb 6, 2009, 06:01 AM
    mukesh_8381
    Quote:

    Originally Posted by bamoh View Post
    how long can a green card holder be outside the us without jeopardizing the status back in the us?

    I want to know that I am completed mca from india now and can it is equivalent to which usa degree.
    And can I get work visa on behalf of this mca degree?
    Tell me criteria for work visa in usa
  • Feb 6, 2009, 09:23 AM
    lawanwadee
    Quote:

    Originally Posted by bamoh View Post
    lawanwadee!..case in point!..an illegal in US lands the diversity lottery visa..(overstayed tourist visa while in the US) of course...does one file the lottery paperwork while in the US or one has to go back to the respective home consulate to effect this?

    ...As always many thanks for your immense legal counsel

    If you're chosen in DV Lotto but have been overstayed in US, you're not qualified. This also applies to change of status to other non-immigrant visas.. once you overstayed.. done.
  • Feb 11, 2009, 01:31 PM
    DCcityboy

    A permanent resident can stay outside the US for less than 6 months and should have no problem with either re-entry or abandoning PR status. If planning on being outside for 6 months to less than 1 year, best to file for a re-entry permit (looks like a US passport, but is white with a Gold eagle on the front). You must be in the US at the time you file the I-131 for the re-entry permit. They are generally valid for 2 years and it is an affirmative statement to the CBP officer at the POE that the LPR does not intend to abandon PR status.

    The best thing to do is to maintain ties to the US. Always pay taxes (as a PR), keep insurance, keep a residence, have US bank accounts and credit cards, have a job in the US, keep club memberships, US drivers license, etc. hope this helps!
  • Feb 11, 2009, 09:50 PM
    DCcityboy
    Quote:

    Originally Posted by bamoh View Post
    .....Say some marriage was entered in good faith,and the " road gets bumpy" before its time to lift the conditions and a divorce is reached unfortunately,,can a conditional green card holder still proceed upon realising the stipulated time window to have those conditions lifted?..and if yes what are the modalities?

    Yes, you can still file the I-751 to remove the conditions on permanent residence by applying for a waiver of the joint filing requirement. The form has a box to check for a good faith marriage that has ended in divorce. You will need to prove up the bona fides of the marriage, at inception, typically with evidence of two things (1) cohabitation and (2) co-mingling funds. You may want to consult with an experienced or board certified attorney for more information. I hope this helps!:)
  • Feb 12, 2009, 12:53 AM
    bamoh
    ... very thorough on your exploits cityboy!. your input really hits ,if you will!

    Thanks!

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