traveling with conditional GC

[thinkler 0]

My wife got her conditional GC a few months ago, and she will be traveling out of USA to with our new born. Her GC will expire in arpril 2015 illand she will be visiting family and stay oversea for about 7months, Will her 7 months stay oversea have any impact on her reentery or removal of condition.

[DC85 113]

No, but having a trip 6 months or more it's considered that she broke her continuous residence which might cause an issue when she applies for citizenship

[Hypnos 6,576]

She may need to show CBP that she has not abandoned her residency once she returns; this might mean showing them federal income tax returns, joint lease or property agreements, bank account statements, etc.

Instead it's possible she'll just get waved right through; there's no way to know until the day.

Edited February 12, 2014 by Hypnos

[DC85 113]

this is taken from cbp.gov

"

I am a lawful permanent resident of the U.S., can I leave the U.S. multiple times and return?

If you are a lawful permanent resident (green card holder), you may leave the U.S. multiple times and reenter, as long as you do not intend to stay outside the U.S. for 1 year or more.

If you intend to stay outside the U.S. for 1 year or more, you must apply for a re-entry permit with the U.S. Citizenship and Immigration Service (USCIS) prior to leaving the U.S. Re-entry permits are generally valid for 2 years from the date of issuance. Therefore, if you are outside of the U.S. longer than the date the permit was issued, you may be denied entry into the U.S.

To apply for a re-entry permit, you must file an Application for a Travel Document (I-131) with the USCIS. If you applied for permanent resident status, but are not yet officially a lawful permanent resident "green card holder" and you need to leave the U.S. on emergency, you must apply for and receive advance parole to leave the U.S. by filing a I-131 with USCIS. Information on how to file the I-131 is available on the USCIS Website.

If you are required to file documents prior to leaving the U.S., it is imperative that you do so, otherwise, you may be found inadmissible and denied reentry into the U.S.

If you are a green card holder and you do not stay outside the U.S. for 1 year or more, you should have either your green card (INS Form I-551, or your returning resident visa to re-enter the United States. You are not required to present your unexpired passport, however it is not a bad idea to carry it with you.

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"

So 7 months is ok, but the continuous residence will be broken

[thinkler 0]

thank you guys

[Dave&Roza 748]

My wife got her conditional GC a few months ago, and she will be traveling out of USA to with our new born. Her GC will expire in arpril 2015 illand she will be visiting family and stay oversea for about 7months, Will her 7 months stay oversea have any impact on her reentery or removal of condition.

The standard reply to this question is "it depends..." Typically single trips of less than 6 months are not a problem. Several trips of less than 6 months, but you return to the US for a short stay and then leave again, will eventually get questioned. A single trip of more than 6 months is at the discretion of the CBP person you encounter on re-entry. Several trips of more than 6 months with short stays in the US will get the attention of CBP. It all boils down to how does your pattern of living in the US look like. Are you using the GC as a glorified tourist visa and actually spending more time outside the US then inside the US.

Have a read of this page on the USCIS website and also you might want to look at "Maintaining your LPR status" that is linked on that page. You have worked too long and hard to get the GC for your wife to risk loosing it. A single trip of less than 1 year should be fine, but it does come down to who you get at the POE when returning.

Good luck,

Dave