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Pammy

More TRAVEL questions/re-entry permit

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Just a thought... Have you heard of any re-entry permit applications not being approved? So as long as I ask for "permission" from USCIS for my travel, it would be valid? How soon can I get my re-entry permit upon submission of application?

Another question, if I stay for more than 6 months but less than 1 year outside US, do I need to apply for re-entry permit? Will it affect my I-751 (removing conditions on GC)? My husband will remain in the US and everything is under our names (utility bills, rent, bank accounts, insurance, etc.). I just really want to spend as much as time as possible with my ill father in the Philippines without risking my GC.

Thank you for all your help.

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Pammy,

If you check the USCIS website, they have the Guide to New Immigrants. It's a very useful document as it will answer so many questions about what an legal permanent resident can/cannot do.

If you read the guide, it says:

Maintaining Your Permanent Resident Status

There are some things you must do to maintain your permanent resident status. These are also important to remember if you plan to apply for U.S. citizenship in the future.

Don’t leave the United States for an extended period of time or move to another country to live there permanently.

• File federal and state income tax returns.

• Register with the Selective Service, if you are a male between the ages of 18 and 26.

• Give your new address to DHS.

Keep Your Immigration Status

Permanent residents who leave the United States for extended periods, or who cannot show their intent to live permanently in the U.S., may lose their permanent resident status. If you think you will be out of the U.S. for more than 12 months, you should apply for a re-entry permit before leaving the country. You should file Form I-131, Application for a Travel Document. A re-entry permit is valid for up to 2 years and shows that you are returning from a temporary visit abroad. You may show the re-entry permit at a port of entry.


08/17/08: Mailed N400 to TSC

08/19/08: USPS attempted delivery

08/20/08: TSC received N400

08/21/08: TSC cashed check

09/02/08: Received NOA...........Priority date: 08/20/08

..............................................Notice date : 08/22/08

09/02/08: Received Biometrics Notification

09/18/08: Biometrics completed - Charlotte DO

10/24/08: Received Interview Letter

12/08/08: Interview @ 1:00pm. APPROVED!

01/05/09: Oath Ceremony 10:00AM. Now officially a USC!!!

-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-

01/17/09: Applied for US Passport and passport card

01/28/09: Received US Passport

01/29/09: Received US passport card

01/29/09: Received naturalization certificate back from passport office

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AFAIK, it will not affect your I-751.

However, if you are outside the US for more than six months, it will "break" your continuous residence for purposes of applying for citizenship. That is, normally you could apply 2 years and 9 months after your green card is approved (3 years minus 90 days); but if you are outside the US for more than 6 months, that time is not included. For example if you are away for 7 months, you could apply for citizenship 3 years and 4 months after your green card is approved. For example if you are away for 11 months, you could apply for citizenship 3 years and 8 months after your green card is approved.


Bethany (NJ, USA) & Gareth (Scotland, UK)

-----------------------------------------------

01 Nov 2007: N-400 FedEx'd to TSC

05 Nov 2007: NOA-1 Date

28 Dec 2007: Check cashed

05 Jan 2008: NOA-1 Received

02 Feb 2008: Biometrics notice received

23 Feb 2008: Biometrics at Albuquerque ASC

12 Jun 2008: Interview letter received

12 Aug 2008: Interview at Albuquerque DO--PASSED!

15 Aug 2008: Oath Ceremony

-----------------------------------------------

Any information, opinions, etc., given by me are based entirely on personal experience, observations, research common sense, and an insanely accurate memory; and are not in any way meant to constitute (1) legal advice nor (2) the official policies/advice of my employer.

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Another question. If I stay outside the US for more than 6 months, but less than 1 year; do I need to apply for a re-entry permit? Will it affect my I-751 (removing conditions on GC) application? My husband will remain in the US and everything is under both our names (utility bills, rent, bank accounts, insurance, etc.). I really just want to spend as much as time as possible in the Philippines besides my ill father without risking my GC.

Although well-justified, your 6 to 12 month separation from your husband seems a little bit excessive and out of the ordinary to me. Is he ok with it?

Edited by dmartmar

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AFAIK, it will not affect your I-751.

However, if you are outside the US for more than six months, it will "break" your continuous residence for purposes of applying for citizenship. That is, normally you could apply 2 years and 9 months after your green card is approved (3 years minus 90 days); but if you are outside the US for more than 6 months, that time is not included. For example if you are away for 7 months, you could apply for citizenship 3 years and 4 months after your green card is approved. For example if you are away for 11 months, you could apply for citizenship 3 years and 8 months after your green card is approved.

Thanks for confirming that my I-751 will not be affected with frequent travels. I am still considering the different consequences of my future travel.

Anyhow, from what I read (or understood) from other forums/websites, that if you break you continuous residence by staying oustside the US, it will RESET your countdown for applying for citizenship. You will have to start from the time you entered the US again, not from the time your GC was approved. So, for example, in my case, I got my conditional GC on July 2005 and will be able to file for citizenship before July 2008. But if I leave the US for 7 months or so, I will have to wait for another 3 years (again) before I can file for citizenship. (If I come back Jan 2007 from my 7 months travel, I would be able to apply for citizenship on January 2010.) Please let me know if my understanding is wrong and if you have more information about this. Thank you.

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Another question. If I stay outside the US for more than 6 months, but less than 1 year; do I need to apply for a re-entry permit? Will it affect my I-751 (removing conditions on GC) application? My husband will remain in the US and everything is under both our names (utility bills, rent, bank accounts, insurance, etc.). I really just want to spend as much as time as possible in the Philippines besides my ill father without risking my GC.

Although well-justified, your 6 to 12 month separation from your husband seems a little bit excessive and out of the ordinary to me. Is he ok with it?

Yes, my husband is OK with it. He plans to fly to the Philippines too, after 3 months of my departure. Besides, he knows we'll be together forever. :D But my father has limited time. :( I really want to be with my dad for the time remaining - AND without risking my GC (& hopefully my USC application in the future). So, I am still weighing the PROS & CONS of my future travel. Any advice will be greatly appreciated. Thank you.

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Although well-justified, your 6 to 12 month separation from your husband seems a little bit excessive and out of the ordinary to me. Is he ok with it?

Dmartmar, just to clarify... I dont intend to stay outside the US for more than 6 months. Maybe 5 months at most. Just want to know the consequences on my I-751 and Naturalization of being outside the US for 5 - 6 months.

Thanks.

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Although well-justified, your 6 to 12 month separation from your husband seems a little bit excessive and out of the ordinary to me. Is he ok with it?

Dmartmar, just to clarify... I dont intend to stay outside the US for more than 6 months. Maybe 5 months at most. Just want to know the consequences on my I-751 and Naturalization of being outside the US for 5 - 6 months.

Thanks.

I was trying to edit/revise my previous message but I couldnt. So please disregard the above... :)

Dmartmar, just to clarify... I dont intend to stay outside the US for more than 6 months. Maybe 5-6 months at most. But I did want to know the possible consequences. Your question did bring up a possible question by the USCIS. Thanks.

But I do intend to go see my father/family every year (and stay for 5-6 months). My husband will follow during Christmas time. Do you know the consequences of this on my I-751 and Naturalization applications?

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Just a thought... Have you heard of any re-entry permit applications not being approved? So as long as I ask for "permission" from USCIS for my travel, it would be valid? How soon can I get my re-entry permit upon submission of application?

Another question, if I stay for more than 6 months but less than 1 year outside US, do I need to apply for re-entry permit? Will it affect my I-751 (removing conditions on GC)? My husband will remain in the US and everything is under our names (utility bills, rent, bank accounts, insurance, etc.). I just really want to spend as much as time as possible with my ill father in the Philippines without risking my GC.

Thank you for all your help.

HI ! Yes,you should apply for a re-entry permit if you are planning to be outside of the country for more then 6 month. You I-751 petition should be fine.

Sincerely.

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Re entry permits (form I-131) are required for a year or more out of the US.


Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

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Am I missing something???? did you not say you wanted to go spend 5 -6 months with your father as thats all the time he has left.... but you go on to say that you will do this every year.......

if you send 5 - 6 months out of every year living in another country it will have an effect on your Citizenship application...

Kezzie

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Am I missing something???? did you not say you wanted to go spend 5 -6 months with your father as thats all the time he has left.... but you go on to say that you will do this every year.......

if you send 5 - 6 months out of every year living in another country it will have an effect on your Citizenship application...

Kezzie

Hi Kezzie,

Yes, it true, I want to spend time with my father who is not very well, AND I still do have other family members there whom I want to be spend some time with too. I have a big family and I really want to be there on special occasions - which usually happen during the Holidays.

Could you please elaborate how these travels will affect my USC application in the future? I really do want to be a USC to finally be free of the USCIS stress! Thanks.

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Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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