How long can I be out of USA?
- Thread starter irainesan
- Start date
nelsona
Registered Users (C)
Not even close, eric.
You can be out of the US as long as you wish, as long as you have and maintain valid AP or H1/4 or L1/2.
For example a spouse of an H1, who submitted I-485 and then returns to their country, only has to return when AOS is approved, which could be 10 years later.
The only requirement is that you be able to fulfill the terms of your sponsorship when the GC is about to be awarded.
Don't confuse employment and sponsorship, and don't confuse current job with future sponsored job.
I do not agree with that. I believe it may cause termination of green card process (as abandoned), in case of AOS, if USCIS desides that time spent abroad was long enough.
Most of lawyers recommend not to be outside of US more than 2 month within validity of AP.
AOS (with EAD and AP) presumes that you are residing in US and ajusting your status.
Inspite of the "green card is for future employment" I do not think that is fine to stay out of US for a long time being in AOS. It was highly recommended, if there are such plans to stay abroad for more than 2 monts, to change green card processing from AOS to CP.
BTW: H4 also presumes that holder lives in US.
My friend's wife, who had H4 visa stamp in her passport (valid for 3 years) and she lives in Canada, travelled through US border (Detroit) very often showing her valid H4 visa stamp and I-94. It was fine all the time but one time she was stopped by CBP officers they figure out that she lives in Canada not in US, they took her I-94 and did not allow her to come to US.
They said if you do not live in US but visiting from time to time you must cancel your H4 and apply for B1 visitors visa.
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Your assumtions have no basis.
It is exclusive privelege of CBP officer to allow you to come to US and probably allow you to get certain status.
When you leave US you loose your status and obtain it again based on the decision of US CBP at the POE.
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I do not mind if you leave, probably it is wise decision for you to leave.
Before you run away, could you tell us how many times you (or may be your friends) were detained in the immigration prison at the POE ?
If it happened to you, I bet you would be very pathetic with your arguments trying to prove to CBP officer "CBP has no jurisdiction over AOS, only entry"
nelsona
Registered Users (C)
Which proves my point: Denial of entry does not cause denial of AOS.
You hang with the wrong crowd.
Let's deal with lawyers opinions, not froth:
http://www.hooyou.com/news/news052307abandonment.html
Nowhere is a time factor mentinned anywehere as a criteris.
You hang with the wrong crowd.
Let's deal with lawyers opinions, not froth:
http://www.hooyou.com/news/news052307abandonment.html
Nowhere is a time factor mentinned anywehere as a criteris.
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TheRealCanadian
Volunteer Moderator
There's no such thing as "long enough". The only thing that USCIS can do is question the legitimaticy of the job offer, in an EB case. But if new evidence is provided, they cannot deny it. For an FB case, that's not even applicable at all.
Most lawyers will make stuff up.
It may presume so, but a filed AOS places no residency requirements on its petitioner.
Absolutely not.
The only people who make up more law than lawyers are CBP officers. There's no US residency requirement on an H-4 holder, and an H holder is more than permitted to have a foreign residence.
Well well well ... you think I lied when said experience of my friend's wife who spent 4+ hours in the detention prison in the Detroit POE because she lives in Canada and from time to time vistis US periodically based on H4 visa.
H1 does not have such restrictions like H4, her husband who has H1 has no problem to come to work every day to US.
I think there is kind of the same restrictions for AOS, otherwise why so many lawyers do not recommend to stay outside of US, beeing in AOS more than 2 months.
TheRealCanadian
Volunteer Moderator
I didn't say you lied - I merely said that CBP officers are notorious for making up regulations on the spot.
Please quote the statute, regulation or memorandum that is the basis for these "restrictions".
Again, please quote the statute, regulation or memorandum that you feel is the basis for these restrictions.
I think there is no straight forward regulation about it. That's why people may have different opinions. I just said real experience of the people whom I know personally.
Back to that story, one time they were stopped at POE visiting US from Canada and officer, after usual questions (where do you live ? and what is the purpose ...?) said to them that H1 is fine but his wife H4 visa is not right for such short trips to US if they live in Canada and she needs either B1 or F1, however he allowed both of them to come to US that time.
She continued to visit US from Canada after that using H4 ocasiaonally without problems.
One time they even specifiaclly asked CBP if it is OK for her to use H4, CBP officer said it is not right but usually we allow people to come using H4 if they live in Canada.
Finally one time she was stopped and you know the result....
Based on their real story I would not say that is safe to be outside of US for a long time being on the AOS, which presumes your staying in US.
BTW: Because they live close to US border, they originally planned to do green card as AOS, their lawyer, who did hundreds EB green cards in Michigan said it can not be done and CP is only option for them.
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TheRealCanadian
Volunteer Moderator
That's absolutely correct - there's no regulation at all, and the CBP officers were deciding to interpret the law however they felt like it. That's a pretty common problem, but one shouldn't use that episode to draw any further conclusions from.
There is no US residency requirement for any non-immigrant classification.