Conditional Green Card and living in American Samoa - bad idea?

[RustyB]

Hello,

I am a recent recipient of a conditional 2 year green card through marriage. My history -Canadian citizen, several years of TN, 3 years H1b, legit marriage to US citizen and green card. I am considering a 2 year position in American Samoa, working for their government. So while I would still make regular trips back to the US, my wife and I would likely be living in an Outlying Possession for 2 years - but will full intent to return to the US after that. I know residence in an outlying possession is not like in a territory - like Guam - which basically counts as living in the US. Under this scenario, I would be applying to remove the permissions on my conditional residency while being based in American Samoa.

My question is - is this something that would not cause hassles with INS, or is this bad idea? Should I not venture abroad before achieving a more "permanent" permanent residency?

Thanks
RustyB

 

[Jackolantern]

If you end up having a problem with the US immigration authorities because of spending 2 years in American Samoa, it wouldn't be with removing conditions per se. The problem (if any) would be with spending so much time outside the US that your green card is cancelled (people who have a 10-year unconditional card also face this problem, so it's not a removal of conditions issue).

You can obtain a reentry permit which would preserve your green card while you're outside the US for 2 years, and you can file to remove conditions while outside the US, as long as you show up in the US for the fingerprinting and interview (if there is an interview). But yours is an unusual situation; you might be the only green card holder in American Samoa with an employment assignment more than a few months. I don't know if a reentry permit is required to preserve your green card while staying in American Samoa for 2 years. It's possible that American Samoa is considered part of the US for the purpose of keeping your green card while outside the mainland US, like an overseas US military base is considered part of the US for the same purpose.

Unfortunately, you're not going to get a reliable answer from USCIS.