Who attends AOS Interview and a second follow up question about AP.

[stfiii 33]

Sorry if this has already been covered, I tried searching the forums, but maybe I'm not searching the correct terms.

Regarding the I-485 AOS.

If we end up getting called in for an interview, I know that myself and my wife will attend the interview, but will USCIS also require the K2 Visa holders to attend the interview?

Second Question.

We have an 18 year old that said after she receives her EAD/AP card, she is considering going back to her home country and spend some time with her sisters and aunts, and also she'll look for a job and maybe start university. Is there a limit on how long she can be out of the country, will this automatically cancel her EAD/AP and Green Card?

Thanks in advance.

[afortunada 182]

A status as a permanent resident is just that: to be a resident of the US. Do you mean she wants to apply for jobs and university in Mexico? If so, then yes, she runs a very high risk of losing her status and you will have to apply for her all over again.

Does travel outside the United States affect my permanent resident status?

Permanent residents are free to travel outside the United States, and temporary or brief travel usually does not affect your permanent resident status. If it is determined, however, that you did not intend to make the United States your permanent home, you will be found to have abandoned your permanent resident status. A general guide used is whether you have been absent from the United States for more than a year. Abandonment may be found to occur in trips of less than a year where it is believed you did not intend to make the United States your permanent residence. While brief trips abroad generally are not problematic, the officer may consider criteria such as whether your intention was to visit abroad only temporarily, whether you maintained U.S. family and community ties, maintained U.S employment, filed U.S. income taxes as a resident, or otherwise established your intention to return to the United States as your permanent home. Other factors that may be considered include whether you maintained a U.S. mailing address, kept U.S. bank accounts and a valid U.S. driver’s license, own property or run a business in the United States, or any other evidence that supports the temporary nature of your absence.

What if my trip abroad will last longer than 1 year?

If you plan on being absent from the United States for longer than a year, it is advisable to first apply for a reentry permit on Form I-131. Obtaining a reentry permit prior to leaving the United States allows a permanent or conditional permanent resident to apply for admission into the United States during the permit’s validity without the need to obtain a returning resident visa from a U.S. Embassy or Consulate abroad. Please note that it does not guarantee entry into the United States upon your return as you must first be determined to be admissible; however, it will assist you in establishing your intention to permanently reside in the United States. For more information, see the “Travel Documents” page.

If you remain outside of the United States for more than 2 years, any reentry permit granted before your departure from the United States will have expired. In this case, it is advisable to consider applying for a returning resident visa (SB-1) at the nearest U.S. Embassy or Consulate. An SB-1 applicant will be required to establish eligibility for an immigrant visa and will need a medical exam. There is an exception to this process for the spouse or child of either a member of the U.S. Armed Forces or civilian employee of the U.S. Government stationed abroad on official orders. For more information on obtaining a returning resident visa, see the Department of State’s webpage on returning resident visas.

Additionally, absences from the United States of six months or more may disrupt the continuous residency required for naturalization. If your absence is one year or longer and you wish to preserve your continuous residency in the United States for naturalization purposes, you may file an Application to Preserve Residence for Naturalization Purposes on Form N-470. For more information, please see the “Continuous Residence and Physical Presence Requirements” page.

Edited October 13, 2016 by jacklynriquelme

[MariaR323 199]

The AP is to be used (mostly) for a quick, emergency-type of foreign travel meanwhile the adjustment of status, or green card, is being processed. If she leaves with the EAD/AP and doesn't return for a good while, say after the green card is approved (interview waiver), she will have a lot of trouble upon attempting to re-enter the U.S. because 1) they will see in the system the date the green card was approved and 2) the EAD/AP becomes invalid once the green card is approved. She would need the green card in hand and even with that there will probably be a lot of questioning.

As for the AOS interview, if you are scheduled for one, it's my understanding that all the applicants must be present - even the K-2 children. She will especially have to be present since she is 18.

The best thing to do is wait until the AOS process is completed and then she can decide what to do.

Edited October 13, 2016 by MariaR323