Cancel Cond. Perm. Residency

[mary'n'ev 0]

Question:

My wife and I will be moving out of the country (career change) for about 2 years starting January 2010. My Cond. GC expires in april 2011. I currently have no intentions of returning to the US to renew my GC in early 2011, as there is a chance that either my entry being denied or my application to renew the GC being denied as, in my eyes, I would have abandoned the Perm. Residency process for being out of the country.

I would like to, if possible, cancel my current immigration process and apply for a CR-1/DCF when it comes time to return Jan 2012 (apply for it around May/June). Blahhhh. I wish this process was easy!

If ANYONE can shed some light on my options, it would be greeeeatly appreciated.

p.s. does anyone know what an 'overseas hold' is?

THanks!

[JimVaPhuong 4,863]

Question:

My wife and I will be moving out of the country (career change) for about 2 years starting January 2010. My Cond. GC expires in april 2011. I currently have no intentions of returning to the US to renew my GC in early 2011, as there is a chance that either my entry being denied or my application to renew the GC being denied as, in my eyes, I would have abandoned the Perm. Residency process for being out of the country.

I would like to, if possible, cancel my current immigration process and apply for a CR-1/DCF when it comes time to return Jan 2012 (apply for it around May/June). Blahhhh. I wish this process was easy!

If ANYONE can shed some light on my options, it would be greeeeatly appreciated.

p.s. does anyone know what an 'overseas hold' is?

THanks!

You can apply for a reentry permit, which would allow you to be outside the US for more than one year and less than two years. However, for a conditional resident the reentry permit is only valid until your conditional residency expires. In order to keep your conditional residency, you'd have to return to the US in time to file the I-751.

If you don't intend to return in time to file the I-751, then you should formally abandon your residency. This will reduce the chances of the abandonment having any adverse affect on a future application. Otherwise, there's a possibility that USCIS may presume you're still in the US when the conditional green card expires, and start removal proceedings. Before your green card expires, file an I-407 and surrender your green card to a DHS office in the country where you are located. Personally, I'd recommend getting the reentry permit anyway, and waiting until the green card is about to expire before filing the I-407. This way you'll preserve the option of returning to the US as an LPR should your plans change.

An "overseas hold" is when an I-751 petition to remove conditions is in limbo status because either the sponsor or the conditional resident are not present in the US, and the case can't be entered into the USCIS computers. Once both are present and have a US address, then the petition will be entered into the computer to determine if an interview is required. An overseas hold does not stop the immigration clock from running - it only stops adjudication of the I-751.

[mary'n'ev 0]

Question:

My wife and I will be moving out of the country (career change) for about 2 years starting January 2010. My Cond. GC expires in april 2011. I currently have no intentions of returning to the US to renew my GC in early 2011, as there is a chance that either my entry being denied or my application to renew the GC being denied as, in my eyes, I would have abandoned the Perm. Residency process for being out of the country.

I would like to, if possible, cancel my current immigration process and apply for a CR-1/DCF when it comes time to return Jan 2012 (apply for it around May/June). Blahhhh. I wish this process was easy!

If ANYONE can shed some light on my options, it would be greeeeatly appreciated.

p.s. does anyone know what an 'overseas hold' is?

THanks!

You can apply for a reentry permit, which would allow you to be outside the US for more than one year and less than two years. However, for a conditional resident the reentry permit is only valid until your conditional residency expires. In order to keep your conditional residency, you'd have to return to the US in time to file the I-751.

If you don't intend to return in time to file the I-751, then you should formally abandon your residency. This will reduce the chances of the abandonment having any adverse affect on a future application. Otherwise, there's a possibility that USCIS may presume you're still in the US when the conditional green card expires, and start removal proceedings. Before your green card expires, file an I-407 and surrender your green card to a DHS office in the country where you are located. Personally, I'd recommend getting the reentry permit anyway, and waiting until the green card is about to expire before filing the I-407. This way you'll preserve the option of returning to the US as an LPR should your plans change.

An "overseas hold" is when an I-751 petition to remove conditions is in limbo status because either the sponsor or the conditional resident are not present in the US, and the case can't be entered into the USCIS computers. Once both are present and have a US address, then the petition will be entered into the computer to determine if an interview is required. An overseas hold does not stop the immigration clock from running - it only stops adjudication of the I-751.

THANKYOU! I didn't know the I-407 form existed. This information is exactly what I was looking for!