Extended stay outside US

A

Avalon

Registered Users (C)
What happens if one of the dependent applicants stays out of the country for more than a year after filing 485?

Will there be any problem in obtaining GC?
Will this be considered as an abandonment of GC?

Please help.
 
Based on the status the dependent is in..

If the dependent is in valid H4 or L2 status no problem. If it is based on AP then it is a problem. Talk to a lawyer.
 
Confirm with lawyer but my 2 cents is that

More than 1 year is definitely abandonment of GC unless you apply for a reentry permit. If you apply for reentry permit, no problem for GC but naturalization will take more time.
Since your AP was approved after your wife\'s departure better you check with lawyer about validity of AP since the INS form for parole applications clearly mentions that you are supposed to travel only after parole approval (otherwise parole application is abandoned)Not sure if they keep records and compare dates of departure and parole approval.
 
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