How long will my wife's greencard be good for?

[CitizenJ 5]

5 minutes ago, StoneChild said:

OK well then if the GC is 10 years she'll be fine gone for a year just bring proof as to why you where there business, health or whatever your argument is, just don't lie.

 

If I told them I was working abroad (something totally unrelated to my American career), you don't think it'd sound bad?

[mushroomspore 3,043]

6 minutes ago, CitizenJ said:

 

If I told them I was working abroad (something totally unrelated to my American career), you don't think it'd sound bad?

You're really not gonna know what's gonna happen until you guys return. She's definitely in the "warning zone" for having been out of the US for more than 6 months anyways. The other comments have provided the different scenarios that could play out. And whatever you do, just tell the truth to CBP. Don't lie or embellish things to try to make it "sound good". They won't appreciate it and it'll probably work against you, not for you.

 

EDIT: CBP can't revoke permanent resident status. Only an immigration judge can do that. 

Edited July 2, 2018 by mushroomspore

[CitizenJ 5]

11 minutes ago, geowrian said:

In an overgeneralized way, yes.

They could determine that she abandoned residence in less than 6 months based upon the facts (i.e. her ties maintained to the US, did she claim residence elsewhere or take benefits abroad that require residence, etc.).

They could determine that she did not abandon residence even after a year abroad. Again, it's based on the totality of the circumstances. This does have a legal requirement of presumption that residence was abandoned, though...which can be hard to overcome.

 

There's a chance she will be admitted.

There's a chance she will be paroled and the case referred to an immigration judge to make a final determination. This could come with or without detainment.

 

My money would be on if she returns before the 1 year mark, she would be questioned and warned not to do it again, but ultimately admitted.

 

She actually gave birth to our daughter in December 2017. Do you think that would be good enough reason for staying out of America for so long? That she wanted to give birth in her home country?

[geowrian 22,336]

Just now, CitizenJ said:

She actually gave birth to our daughter in December 2017. Do you think that would be good enough reason for staying out of America for so long? That she wanted to give birth in her home country?

It's definitely something I would present as evidence of why you couldn't return as early as you would have otherwise.

[CitizenJ 5]

1 minute ago, geowrian said:

It's definitely something I would present as evidence of why you couldn't return as early as you would have otherwise.

If she is denied will they make her return to her home country immediately to get a visa?

[geowrian 22,336]

1 minute ago, CitizenJ said:

If she is denied will they make her return to her home country immediately to get a visa?

She would either be admitted as-is or paroled with/ or without detainment.

Or she can choose to voluntarily abandon LPR status (via an I-407 filed with CBP: https://www.uscis.gov/i-407) and then withdraw her application for entry (since she has no other valid travel document to enter the US) and be sent back. Once back, she can apply for a visa abroad.

 

That said...there's a lot of potential circumstances here. I think trying to enter on the green card if she returns before the 1 year period would be the best option.

If she can't return in one year, another option is to file the I-407 abroad, then apply for a tourist visa at that time. This avoids a lengthy & expensive trip to the US and then potentially being sent back.

[NikLR 13,220]

~~moved to working and travelling during immigration from US citizenship discussion~~

[Crazy Cat 39,575]

To clarify:  A Green Card holder doesn't have to obtain citizenship.  He/she could just continue renewing the 10 year Green Card as long as he/she continued to meet all the LPR requirements.  However, I don't see any benefit in doing that.  Gaining US citizenship has no down side vs LPR status that I can see.

[CitizenJ 5]

1 hour ago, geowrian said:

She would either be admitted as-is or paroled with/ or without detainment.

Or she can choose to voluntarily abandon LPR status (via an I-407 filed with CBP: https://www.uscis.gov/i-407) and then withdraw her application for entry (since she has no other valid travel document to enter the US) and be sent back. Once back, she can apply for a visa abroad.

 

That said...there's a lot of potential circumstances here. I think trying to enter on the green card if she returns before the 1 year period would be the best option.

If she can't return in one year, another option is to file the I-407 abroad, then apply for a tourist visa at that time. This avoids a lengthy & expensive trip to the US and then potentially being sent back.

 

Thanks a lot man. Appreciate it.

[CitizenJ 5]

58 minutes ago, missileman said:

To clarify:  A Green Card holder doesn't have to obtain citizenship.  He/she could just continue renewing the 10 year Green Card as long as he/she continued to meet all the LPR requirements.  However, I don't see any benefit in doing that.  Gaining US citizenship has no down side vs LPR status that I can see.

Thanks man.

[Hikerwa 28]

4 hours ago, CitizenJ said:

 

She actually gave birth to our daughter in December 2017. Do you think that would be good enough reason for staying out of America for so long? That she wanted to give birth in her home country?

Your daughter was born outside of the US, do you plan on taking her to the US as well? I hope that you have filed a Consular Report of Birth abroad, or you may have some issues travelling with your child.

[Daisy.Chain 317]

I'm surprised to hear that she's not interested in applying for American citizenship. If she were to become a citizenship, she could visit wherever she wanted as long as he wanted without dealing with USCIS. It's her choice, of course.

[Orangesapples 1,954]

17 hours ago, missileman said:

To clarify:  A Green Card holder doesn't have to obtain citizenship.  He/she could just continue renewing the 10 year Green Card as long as he/she continued to meet all the LPR requirements.  However, I don't see any benefit in doing that.  Gaining US citizenship has no down side vs LPR status that I can see.

She's Chinese, China doesn't allow dual citizenship. I guess she doesn't want to lose her citizenship 

[NancyLyz 58]

7 hours ago, Orangesapples said:

She's Chinese, China doesn't allow dual citizenship. I guess she doesn't want to lose her citizenship 

And getting a visa to China can be an annoying thing to do, especially if the nearest Chinese Consulate is not really that close by. In addition, once you gave up your citizenship, you'll be treated like a foreigner back in China, making everything more complicated. 

[Teemo 252]

On 7/2/2018 at 3:56 PM, missileman said:

To clarify:  A Green Card holder doesn't have to obtain citizenship.  He/she could just continue renewing the 10 year Green Card as long as he/she continued to meet all the LPR requirements.  However, I don't see any benefit in doing that.  Gaining US citizenship has no down side vs LPR status that I can see.

One huge downside - she has to pay US taxes the rest of her life, no matter where she resides, whereas an LPR can give up her green card and stop paying US taxes