Travel with conditional visa

[RezwanMars 0]

Dear Members,

My wife's got a conditional green card that expires April 2015. She needs to go back to Bangladesh to finish the reminder of her studies, that will take until March 2015 if things go as planned. The reentry permit is being processed and she planes to leave on January 24, 2014. The state.gov tells that the reentry permit does not guarantee reentry, you have to be admissible to enter the US upon your arrival. I'm thinking, from January 2014 to March 2015, she'll be little over a year, the green card still not expired and if she has reentry permit, there shouldn't be any issues. As long as she is back before the GC expires, I can apply to remove her conditions upon her arrival. Anybody see any issues, possible risks or have experiences please advise.

Thanks a lot

Rezwan

[Dave&Roza 748]

Dear Members,

My wife's got a conditional green card that expires April 2015. She needs to go back to Bangladesh to finish the reminder of her studies, that will take until March 2015 if things go as planned. The reentry permit is being processed and she planes to leave on January 24, 2014. The state.gov tells that the reentry permit does not guarantee reentry, you have to be admissible to enter the US upon your arrival. I'm thinking, from January 2014 to March 2015, she'll be little over a year, the green card still not expired and if she has reentry permit, there shouldn't be any issues. As long as she is back before the GC expires, I can apply to remove her conditions upon her arrival. Anybody see any issues, possible risks or have experiences please advise.

Thanks a lot

Rezwan

I am going to assume that you are remaining in the US. I am going to assume you will continue to file joint taxes and that she will continue to have ties to the US. I am also going to assume that her studies in Bangladesh are not related to her being a citizen of that country and having to claim to be a resident, but that she started her studies there and wants to finish them there--no tutition reduction by claiming to be a resident of Bangladesh or any other benefits that a LPR of the US would not get. Then she is okay. The risks are if she has to claim to be a residnet of Bangladesh while also trying to maintain her LPR status in the US. She cannot be a resdient at two locations.

Just an FYI: only USC HAVE to be allowed back into the US as it is their country of domicile. All others, it is the discretion of the CBP to allow entry to the US. Having a re-entry permit shows she wants to maintain her LPR status and is taking the proper steps to do so.

Good luck,

Dave

[RezwanMars 0]

Dave -

Thanks very much for your valuable comments.

THe reason for her going back to finish her degree there is that we found it will be great deal quicker and easier, in terms of money and convenience. I'll still file joint taxes and her official address will continue to be house here. We wont seek any tuition reduction benefit or something like that from US gov for this.

Could you please elaborate this statement with an example "The risks are if she has to claim to be a resident of Bangladesh while also trying to maintain her LPR status in the US. She cannot be a resident at two locations" ?

Also, is there a possibility that CBP will treat her differently upon her arrival from Bangladesh due to her being a conditional PR VS a regular PR?

Your help is very much appreciated.

Rezwan

[Dave&Roza 748]

Dave -

Thanks very much for your valuable comments.

THe reason for her going back to finish her degree there is that we found it will be great deal quicker and easier, in terms of money and convenience. I'll still file joint taxes and her official address will continue to be house here. We wont seek any tuition reduction benefit or something like that from US gov for this.

Could you please elaborate this statement with an example "The risks are if she has to claim to be a resident of Bangladesh while also trying to maintain her LPR status in the US. She cannot be a resident at two locations" ?

Also, is there a possibility that CBP will treat her differently upon her arrival from Bangladesh due to her being a conditional PR VS a regular PR?

Your help is very much appreciated.

Rezwan

What I mean by that is that she cannot claim to be a resident of Bangladesh to get a benefit only offered to a resident while also trying to maintain her LPR status. If the USCIS finds this out then she would have lost her claim to US residency and thus her LPR status. It is like a student who calls Kentucky home but goes to NYC for college. They cannot claim to be a resident of NY in order to get instate tuition AND maintain their residency in Kentucky. You are officially a resident where you call home. So if her living in Bangladesh is temporary she will not have any problems.

BTW, a LPR is a LPR. The only difference between a conditional LPR is that the LPR status expires when the GC expires and the conditional LPR must file to remove those conditions. A non-conditional LPR's status does not expire when the GC expires. Both must maintain the residency requirements. Both get the same scrutiny from the CBP upon re-entry after 6 months.

She will be fine,

Dave

[RezwanMars 0]

Thank you very much Dave, it was very helpful

Rezwan

[Ryan H 3,813]

Moved from IR-1/CR-1 Process & Procedures to Working & Traveling During US Immigration forum.