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warrali

greencard worry

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im currently residing in my country of origin, have been here for over a year now. My husband n kids who are all US citizens are here as well. We wanted a change in lifestyle for a few years, atleast 3 years or so. Could someone tell me what i need to do to keep my Greencard status? i read somewhere that i needed to apply for a reentry permit which i havent done. im really worried now.

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here is a copy of the rule from USCIS handout.

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. Many immigrants believe they can live

abroad as long as they return to the U.S. at least once a

year. This is incorrect. 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.You

can get this form at http://www.uscis.gov or by calling

the USCIS Forms Line at 1-800-870-3676.You must pay

a fee to file Form I-131.

A re-entry permit is valid for up to two years.You may

show the re-entry permit, instead of a visa or your

Permanent Resident Card, at a port of entry. Having a

re-entry permit does not guarantee that you will be

admitted to the United States when you return, but it

can make it easier to show that you are returning from

a temporary visit abroad. Visit http://www.state.gov or

your nearest Department of State Consular Office overseas

for more information.

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im currently residing in my country of origin, have been here for over a year now. My husband n kids who are all US citizens are here as well. We wanted a change in lifestyle for a few years, atleast 3 years or so. Could someone tell me what i need to do to keep my Greencard status? i read somewhere that i needed to apply for a reentry permit which i havent done. im really worried now.

i may be wrong, and if i am i'm sure someone will correct me, but i think as far as the green card goes it has been considered abandoned.

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im currently residing in my country of origin, have been here for over a year now. My husband n kids who are all US citizens are here as well. We wanted a change in lifestyle for a few years, atleast 3 years or so. Could someone tell me what i need to do to keep my Greencard status? i read somewhere that i needed to apply for a reentry permit which i havent done. im really worried now.

Here are the circumstances under which your LPR status would be considered lost:

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=3f443a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=3f443a4107083210VgnVCM100000082ca60aRCRD

Abandoning Permanent Resident Status

You may be found to have abandoned your permanent resident status if you:

  • Move to another country intending to live there permanently
  • Remain outside of the United States for more than 1 year without obtaining a reentry permit or returning resident visa. However, in determining whether your status has been abandoned, any length of absence from the United States may be considered, even if less than 1 year
  • Remain outside of the United States for more than 2 years after issuance of a reentry permit without obtaining a returning resident visa. However, in determining whether your status has been abandoned any length of absence from the United States may be considered, even if less than 1 year
  • Fail to file income tax returns while living outside of the United States for any period
  • Declare yourself a “nonimmigrant” on your tax returns

Here is info on the re-entry permit:

http://travel.state.gov/visa/immigrants/info/info_1333.html

Good luck!


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www.ffrf.org




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Yes, you have already been out a year so your GC status is gone. You can start the immigration process over again if you want to move back to the US.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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Yes, you have already been out a year so your GC status is gone. You can start the immigration process over again if you want to move back to the US.

If I go through the application process again will they not allow it because I had a GC and then lost it?

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If I go through the application process again will they not allow it because I had a GC and then lost it?

They will allow it - it is the only way to move forward. It's like starting over - your prior GC makes no difference.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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You could try to apply for an SB-1 returing resident visa, if you could prove that the absence was temporary and you did not intend to abandon US residence. It sounds like that won't work for you though, since you are residing abroad, so like the others said you'll probably have to apply for an IR-1 immigrant visa. Start looking into that 9-12 months before you want to return to the US.


Spouse-based AOS from out-of-status H-1B, May - Aug 2012

Removal of conditions, Aug - Nov 2014

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If you want to be able to visit the US in the mean time, you might want to fill out an I-407 to prevent confusion. Then you can get a tourist visa or travel on the visa waiver program if eligible.


Spouse-based AOS from out-of-status H-1B, May - Aug 2012

Removal of conditions, Aug - Nov 2014

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