CR-1 green card

[SME2017 14]

How long can you be out of the United States with a CR-1 green card? Also if we are in the process of getting the permanent green card can you still leave the United States and if yes for how long can you be out of the United States? 

 

Does anyone know what number I can call to speak to someone regarding this matter? 

[Unlockable 7,309]

Usually up to a year is ok. More than that and the conditions you agreed to as a permanent resident of the US comes into question. There is also a reentry permit you can request that can be for 2 years outside of the US. If you are looking for more than 2 years than you are at risk of losing residency.

[USS_Voyager 1,971]

41 minutes ago, SME2017 said:

How long can you be out of the United States with a CR-1 green card? Also if we are in the process of getting the permanent green card can you still leave the United States and if yes for how long can you be out of the United States? 

 

Does anyone know what number I can call to speak to someone regarding this matter? 

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.

 

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.

 

https://www.uscis.gov/green-card/after-green-card-granted/international-travel-a-permanent-resident

[SusieQQQ 11,585]

45 minutes ago, SME2017 said:

How long can you be out of the United States with a CR-1 green card? Also if we are in the process of getting the permanent green card can you still leave the United States and if yes for how long can you be out of the United States? 

 

Does anyone know what number I can call to speak to someone regarding this matter? 

Are you doing adjustment of status (re “in process of”?) did you apply for advance parole? If you leave without AP during AOS you are considered to have abandoned the application and will need to apply instead for a CR1 visa in your home country.

 

Here is some information about traveling out -general for green cards. Hopefully someone chimes in who any implications for removal of conditions which are needed for CR1.

 

https://www.uscis.gov/green-card/after-green-card-granted/international-travel-a-permanent-resident

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.

 

 

Edit: Posted concurrently with voyager! 

Edited December 3, 2019 by SusieQQQ