How long can A GREEN CARD HOLDER be outside the US without jeopardizing the status back in the US?
|
How long can A GREEN CARD HOLDER be outside the US without jeopardizing the status back in the US?
I would recommend not staying outside US longer than 6 months or 12 months if you have solid evidence such as medical references, etc.. If you are uncertain about timing, it's always safe to file Re-Entry Permit (I-131) and obtain approval before you go.
Does one have to be summoned to a an I -751 interview? I understand in some cases the interview is not necessary.The USCIS just sends you the permanent doc based on the evidence adduced.How much water does this hold?
Just another question lawanwadee... is it 6 months or 12?. you can stay up to 12 based on ill health?. are there any more compelling factors to justify a 12 month back to back stay?
If you are going to stay longer than 6 months, you must have supported evidence... If not about illness, I would recommend filing a re-entry permit. Don't take the risk... not worth it.Quote:
Originally Posted by bamoh
Some do have interviews, some don't.. depends on supported evidence, if immigration finds it convincing, then you will receive card in the mail.Quote:
Originally Posted by bamoh
... How long does it take for the benefits center to communicate after the initial marriage based interview has taken place?. Granted it could go either way,(read a second interview rescheduling, more evidence to show it is a bona fide union,and or a favorable decision) is there a time frame here?.
... can a conditional resident still travel awaiting the decision on the I-751?-case scaenario: say its 90 days before the 2nd anniversary,the service (God forbid takes forever)and the 2 year time window elapses thus eclipising the importance of the conditional resident card at hand! Can one still travel outside of that time if there is no communication at this juncture on the part of the benefits center?. please advice
... 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?
.. when the service states no more than 6 months (unless of course with a re-entry visa)does that mean the exact date of departure and date of entry?. case in point: if I leave the country jan 1 2010 when is my exact 6 month cap?-(this is a little technical).. do I count 6 exact months or days of the year?. bear in mind some months are longer than others as we all know.. please offer your counsel... can you exceed this 6 month thing by a few days based on the above technicalilty?. is that a case one can urgue at the point of entry?. say they refuse you entry for exceeding a "few days" outside of the "6 months?"
If divorce is not finalized by the end of 2 years term, you must file a waiver and I-751 90 days before the card expires. If divorce is final and you already live separately, you can file a waiver and I-751 immediately. In both cases, it's recommended to consult experienced immigration attorney. The only ground of cases like this is to prove extreme hardship on your side which is not easy.Quote:
Originally Posted by bamoh
Normally you will know the result right after the interview. If you're told that you will be notified by mail, it means there is a red flag on your case.Quote:
Originally Posted by bamoh
Do not travel during I-751 processing ever! If your case is denied, you won't be allowed to enter US.
Read I-131 instructions... you should not travel until I-751 is approved.
... can a freshly approved conditional green card holder travel immediately upon receiving the card, or should wait until the 1-751 falls through?. and is the 6 month rule in force here as well?
If you just received your green card, you can travel... the rules apply to all green card holders.. 2 years & 10 years.
... say without the 1-131 rentry paperwork,does the 6months rule mean 180 days from the day of departure or the physical whole 6 continuous months whether short or long?
As a rule, green card holders are supposed to live in US more than 50% of the time. The "six months" term is not necessary one long term.
From your other questions, what you should do in this situation:
@ You may take short trip 1-2 months each without applying for a re-entry permit.
@ You must be in US more than 50% of the time.
@ You should not travel during I-751 being processed.
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?
... 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?
You can apply for naturalization if...Quote:
Originally Posted by bamoh
@ 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).
Do you mean CR-1 visa? Are you already in US? What country you're from?Quote:
Originally Posted by bamoh
... 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?
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.Quote:
Originally Posted by bamoh
By the way, what happened to the employment based case, what the attorney say? Did you file an appeal?
... 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.Quote:
Originally Posted by bamoh
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
I want to know that I am completed mca from india now and can it is equivalent to which usa degree.Quote:
Originally Posted by bamoh
And can I get work visa on behalf of this mca degree?
Tell me criteria for work visa in usa
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.Quote:
Originally Posted by bamoh
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!
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!:)Quote:
Originally Posted by bamoh
... very thorough on your exploits cityboy!. your input really hits ,if you will!
Thanks!
| All times are GMT -7. The time now is 03:41 AM. |