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conditional green card holder to study abroad

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  • conditional green card holder to study abroad

    hi. i am a US citizen and my wife got her conditional green card thru marriage (of course with me). i got my citizenship last year and her conditional greencard last year too. we are planning to have her go back to school abroad with our 7 months old baby this year. our plan is for them to come back here in the U.S. during her breaks in school. she will be staying abroad for 4-5 months then come back here for a month routinely. will this affect her conditional green card when we get interviewed next year with the immigration?
    does she need to apply for a re-entry permit?

    thank you in advance.

    zee

  • #2
    How long is she expected to continue studying abroad ... 1 year? 2 years? 3 years or more?

    If she's going to be traveling like that for 2 years or more she should get a reentry permit. Even though having a reentry permit isn't absolutely necessary if she's going back to the US every 5 months, a long pattern of traveling like that without a reentry permit could create problems at the port of entry.

    You mentioned you're a US citizen ... do you work for a US government agency or US corporation, or a recognized international organization to which the US belongs such as IMF, NATO, UN? If yes, and you will be stationed abroad for at least a year, your wife may be eligible for expedited citizenship under section 319(b).

    EB3 ROW I-485 Approved: July 2007
    USC: July 2013
    I am a layman, not a lawyer. What I write here is not official or professional legal advice. In addition, my answers on this forum are specific to the scenarios discussed in each thread and should not be generalized to other situations.

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    • #3
      thanks for the response. she will be going back and forth in the U.S. for two years. if i understand it right, the re-entry permit is just in case she gets questioned? it's not a must to have?

      thank again in advance.


      zee

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      • #4
        Originally posted by jayjaydlc View Post
        thanks for the response. she will be going back and forth in the U.S. for two years. if i understand it right, the re-entry permit is just in case she gets questioned? it's not a must to have?

        thank again in advance.


        zee
        The reentry permit is an expression of an intent NOT to abandon the greencard status. It preserves a greencard IF one is absent from the U.S. for one year or more. If a greencard holder is abroad for one year or more, the card becomes invalid "as a travel document" only (it does not cause the automatic loss of status) and one would have to apply for a returning resident visa (SB-1).

        Such permits may only be issued for a maximum of 2 years BUT in the case of a conditional resident it is based on the expiration of conditional status shown on the card.

        In the case of a married person going abroad, if the USC spouse will remain behind, it sometimes raises questions about the validity of the marriage at the time of filing the I-751. That said, since you two have a baby together it does not look like it would be a problem (provided that the baby is yours--I am assuming it is).

        Good luck.

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