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| Life After The Green Card How soon can you leave your employer. All other issues after the green card. |
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#1
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Renewing reentry permit - does spouse need to be in US?
I am a GC holder who returned to India about two years back. My Reentry permit is about to expire in 2 months. I am travelling to US next month on business and will apply for a renewal for 1 more year. Not sure whether it'll be approved but will give it a shot anyway.
My wife's reentry permit will expire the same time as mine. But she is not travelling with me to the US. Now my question is: Does she necessarily have to travel to the US or can I apply on her behalf while I am in US. She was on H-4 before she got GC along with me. The first reentry permit application we filed (and was approved) for her also sites my business/work interests as the reason for her to be away from the US. If this is not possible then: As her case follows from mine, will it be alright that I apply and (say) my reentry renewal is approved and she does not even apply and we return to US next year? Please help. |
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#2
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Quote:
Your wife should enter US before her Reentry expires. You have to file Reentry in US before deparure from US. Your wife need to be IN US to file Reentry Permit YOU CANT file HER reentry permit
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Remember, I am strictly a layperson without any legal training. Please, if in doubt, be sure to use the services of a professional lawyer whom you trust. |
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#3
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[QUOTE=hytex;1655003]I am a GC holder who returned to India about two years back. My Reentry permit is about to expire in 2 months. I am travelling to US next month on business and will apply for a renewal for 1 more year. Not sure whether it'll be approved but will give it a shot anyway.
My wife's reentry permit will expire the same time as mine. But she is not travelling with me to the US. Now my question is: Does she necessarily have to travel to the US or can I apply on her behalf while I am in US. She was on H-4 before she got GC along with me. The first reentry permit application we filed (and was approved) for her also sites my business/work interests as the reason for her to be away from the US. If this is not possible then: As her case follows from mine, will it be alright that I apply and (say) my reentry renewal is approved and she does not even apply and we return to US next year? [QUOTE] Hi: The question you need to ask yourself is why you need the GC at all. You appear to have no interest in living in the US and, even though you have a REP, you may have already abandoned your status. A GC is designed for someone who lives permanently in the US --- any absences must be temporary. There are situations in which one might have to be away longer, e.g. a 1 year contract work overseas or a cruise around the world and that is where the REP comes in. Based on the facts given, neither you nor your wife RESIDE in the US. Remember, a REP does NOT in and of itself preserve permanent residency - if it is determined that you have abandoned residency, even if gone for shorter than a year, you will lose the GC.
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Disclaimer: I may be a law student, but am not qualified to give professional legal advice. My general advice/opinion should not be construed as such. |
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#4
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hytex,
A simple answer to your question: No, your wife must be in US to file for re-entry permit.
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Don't take the words on this board as gospel. When in doubt, contact the lawyers who are specialized in your area. |
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