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mrsGORE

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Posts posted by mrsGORE

    Late May - June AOS fillers, unite!

    in Adjustment of Status Case Filing and Progress Reports

    Posted

    I'm starting to get a bit concerned with my wife's green card. We had our interview on 9/18/12 and the lady said she was going to go through our paperwork one more time to make sure everything was in order, but barring anything they needed additionally, she was going to be approved. Well since then we haven't heard anything at all. No communications at all. Also still haven't gotten the green card. She did get her EAD/AP combo card about 2 weeks ago. I just wish the green card would hurry up and get here.

    Should we go ahead and get in contact with them? If so, who exactly do we contact to find out what's going on. We filed with the Chicago lock box.

    what i did is i make info pass after 30 days when i didn't get any answer from that i make service request when its close to 60 days...its not even a week after the SR, IO called me and said she talked to the IO who interviewed us and just wanna know the date of our marriage..that day I got the Card Production update...so yeah he let me wait 60 days to have my GC because he wanna know the date of our marriage..weird :whistle:

    How long you were allowed??

    in General Immigration-Related Discussion

    Posted

    Losing Permanent Residence Because of Travel

    There are many myths about how long a permanent resident (green card holder) may remain outside of the United States before losing his or her green card status. This article will address some of those myths and provide the information necessary to try and avoid getting into trouble due to staying outside of the U.S. longer than the immigration law permits.

    Myth 1 - Now that I have my green card I can move back to my country.

    If you remain outside of the U.S. for more than one year continuously, you may lose your green card automatically. The Immigration Service takes the position that if you stay out this long, you have abandoned your green card status.

    Myth 2 - If I visit the U.S. once a year I’ll be okay.

    This is wrong. The law and the Immigration Service look to your intent or the purpose of your travel, not just whether you have returned to the U.S. once in a while. In fact, even if you travel to the U.S. frequently but you are living abroad, the Immigration Service may find that you have abandoned your residence and revoke your green card. The test is whether you intended to be abroad temporarily or whether you plan to live abroad permanently, not simply the time you spend outside of the U.S.

    For example, if a person stays outside of the U.S. continuously and returns every few months but has no roots in the U.S., such as a job, bank accounts, a home, yearly tax returns, etc., the Immigration Service may find abandonment. On the other hand, if a person has strong ties to the U.S. but only returns once a year because he or she is abroad taking care of an ill or elderly family member, a finding of abandonment would not be appropriate if all other aspects of the person’s life establish that he or she has no intent of abandoning his or her residence (e.g., maintains a home, pays taxes, owns a business, etc.).

    In determining whether a person has abandoned his residence, the courts have generally looked at the following factors: a. Purpose of departure; b. Existence of fixed termination date for visit abroad; and c. Objective intention to return to U.S. as place of permanent employment or actual home.

    How will the Immigration Service know how long I’ve been gone?

    This typically occurs either at the time you return to the U.S. and come through customs or when you apply for citizenship and the Immigration Service inquires about your travels.

    It is important to note that you have the right to contest the Immigration Service's allegation that you have abandoned your residence.

    In order to prevail on a finding that someone has abandoned her green card status, the Immigration Service must prove by clear, unequivocal and convincing evidence that residence has been abandoned.

    If it was not your intent to abandon your residence and you maintained strong ties to the U.S., do not be intimidated by the Immigration Service merely because an immigration officer makes allegations of abandonment – make them prove it!

    Myth 3 - I am automatically eligible for citizenship after five years.

    One last point about traveling abroad is that it may effect your eligibility for U.S. citizenship. In addition to maintaining your ties to the U.S., you must also be physically present in the U.S. for certain periods of time in order to be eligible for citizenship. Generally, you must be physically present in the U.S. for at least half of the previous five years.

    For most travelers, abandonment of residence will not be an issue, but for those who stay outside the U.S. for extended periods of time, the above tips should be kept in mind.

    thanks for the info....

    I will be stay out for the country for only 3-4weeks...thats for sure

    How long you were allowed??

    in General Immigration-Related Discussion

    Posted

    We stayed out 11 straight months in 2009 on a conditional GC (>330 days for tax purposes). I think it's a VJ record.....

    Wow really and you dont encounter any problem after??

    was planning to stay with my family back home for a month but i heard that its better to stay for only less than a month or 3weeks...for me thats too short knowing that this my ist time visit to my family after 5 years...

    Stucked in DECISION???

    in Adjustment of Status from Work, Student, & Tourist Visas

    Posted

    Ours went from approved and then back to decision and stayed that way for a couple of days, it was nerve racking to say the least. Our time was short compared to yours so I understand your concern. I agree with all on the board, you should have your card in your hands very very soon..

    I dont know why they're making it hard for me lol

    but well I guess everybody's right I will have my GC soon :dance:

    thanks...

    Stucked in DECISION???

    in Adjustment of Status from Work, Student, & Tourist Visas

    Posted

    I think it's fine. The few days before they actually mail your card it might sit at decision, or bounce back and forth with card production. Within a few days, I'm sure you'll get the notice that it's been mailed. Hang in there.

    Oh I see..I'm just worried because I've waited 2mos after interview for the update..

    don't sweat it. I got mine before it changed. as a matter of fact it never changed

    so you mean you got your GC without changing the status to Card production???

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