Renewal of Green Card When Out Of the Country

[weverifyit]

I am a US citizen presently working in India for a US corporation for the last five years.

My wife's green card, issued in 1994, is expiring and she has not visited USA since 2002.

There is a section 319(b) which says that for purposes of naturalization, physical residency requirements do not apply to spouses of US citizens when the US citizen is working abroad for a US corporation.

But, will the asme hold true for renewing a green card?

Will my wife have any problems renewing her green card from India.

 

[happigal]

Found this on the BCIS website about green card renewal. This might be of some help.

Q: What If I am Outside of the United States?

A: If you are outside the United States, and your permanent
resident card will expire within six months, (but you will return within one year of your departure from the United States and before the card expires), you should file for your renewal card as soon as you return to the United States.

If you are outside of the United States at the time of the card’s expiration, and you have not applied for the renewal card prior to your departure, you should contact the nearest American Consulate, USCIS office, or Port of Entry, before attempting to file Form I-90 for a renewal I-551 card.

For more information on USCIS office locations, see the Field Offices page. For information on filing fees, see filing fees, fee waiver request procedures, and the fee waiver policy memo.

 

[Superstring]

Good info- happigal

Be careful....it is not ANY US Corporation, but it has to be the one approved by the Attorney General in order to advance US cause etc.

Your case is either in EXCELLENT or VERY POOR state. There is no middle ground.

A) If you work for corporation like that.....you are in EXCELLENT shape. And actually, your wife can even get her citizenship regardless of physical and continuous requirements on her residency and can get it right away (i.e. at the speed of USCIS processing machine). She would need to travel to US for her interview, fingerprinting, pass civics/english, show good moral character etc. etc.

B) If not, you are in trouble. Your wife has broken her PR requirements and she is actually out of status (since long time ago - looks like 2003??).....She would have to apply for new green card from strecth and explain herself why did she break PR requirements and potentially lied during her immigration interview that she wanted to live in US.

I sincerely hope that it is the first case - A)

Please contact ASAP the nearest USCIS oversees office. Do not call USCIS numbers in US (it is waste of time for your case).

P.S.: I'm not the lawyer or an immigration expert. I'm just an ordinary guy. You are soley responsible for your actions.

 

[TheRealCanadian]

Your wife has broken her PR requirements and she is actually out of status

It's impossible to be out of status if you're not physically in the US. There is an excellent chance, however, that she is no longer a Permanent Resident and needs a new Green Card petitioned on her behalf.

She would have to apply for new green card from strecth and explain herself why did she break PR requirements and potentially lie during her immigration interview that she wanted to live in US.

Oh, please. Abandonment of permanent residency is not grounds for denial of a later permanent residency petition, and the examiner would be on drugs to suggest that leaving the US a decade after the original Green Card was awarded suggests in any way a lack of desire to reside in the US.

 

[Superstring]

It's impossible to be out of status if you're not physically in the US. There is an excellent chance, however, that she is no longer a Permanent Resident and needs a new Green Card petitioned on her behalf.

Agree.

I'm sorry for using confusing word "out of status". Since, she is outside of US, she needs to be legal only in India

However, It is the same thing I wanted to say....I meant by "out of status" - not being a permanent resident and in need for a new petition etc.....

Oh, please. Abandonment of permanent residency is not grounds for denial of a later permanent residency petition, and the examiner would be on drugs to suggest that leaving the US a decade after the original Green Card was awarded suggests in any way a lack of desire to reside in the US.

Disagree.

Sure....abandonment of Permanent Residency is not an automatic grounds for dismissal of a later premanent residency petition. I've never ever claimed that.

Potentially lying to an immigration officer or consular affairs officer about your intentions is......I'm sorry to inform you about that inconvinent fact.

If you are filing for PR (either via consular processing or in US), you are claiming by signing your application that you HAVE AN INTENTION TO reside in US under the oath.

If you fail to do that....you will have to explain yourself. I'm not saying it is impossible or that the person here does not have a valid reason or explanation or that her case will not be approved or that she will not be simply lucky (I do not have data to judge that)....

However, she will be asked about her previous residency and she better have a good and honest story about it. Particularly, if she has spent a minimal amount of time in US (sounds like it).

Abandoning residence is not a game.....My 2c.

P.S: I'm not a lawyer or an immigration expert. I'm just an ordinary guy. You are soley responsible for your actions.

 

[weverifyit]

Nature of US corporation ( here is the info I have)

3. The U.S. citizen spouse must be employed abroad by or in one of the following categories:

a. The U.S. Government;

b. A U.S. research institution recognized by the Attorney General (a list appears at 8 CFR §316.20);

c. A U.S. firm or corporation engaged in whole or in part in the development of foreign trade and commerce of the United States or a subsidiary in which a majority of the stock is owned by a U.S. firm or corporation;

 

[weverifyit]

Nature of US corporation ( here is the info I have)

Good info- happigal

Be careful....it is not ANY US Corporation, but it has to be the one approved by the Attorney General in order to advance US cause etc.

Your case is either in EXCELLENT or VERY POOR state. There is no middle ground.

A) If you work for corporation like that.....you are in EXCELLENT shape. And actually, your wife can even get her citizenship regardless of physical and continuous requirements on her residency and can get it right away (i.e. at the speed of USCIS processing machine). She would need to travel to US for her interview, fingerprinting, pass civics/english, show good moral character etc. etc.

B) If not, you are in trouble. Your wife has broken her PR requirements and she is actually out of status (since long time ago - looks like 2003??).....She would have to apply for new green card from strecth and explain herself why did she break PR requirements and potentially lied during her immigration interview that she wanted to live in US.

I sincerely hope that it is the first case - A)

Please contact ASAP the nearest USCIS oversees office. Do not call USCIS numbers in US (it is waste of time for your case).

P.S.: I'm not the lawyer or an immigration expert. I'm just an ordinary guy. You are soley responsible for your actions.

3. The U.S. citizen spouse must be employed abroad by or in one of the following categories:

a. The U.S. Government;

b. A U.S. research institution recognized by the Attorney General (a list appears at 8 CFR §316.20);

c. A U.S. firm or corporation engaged in whole or in part in the development of foreign trade and commerce of the United States or a subsidiary in which a majority of the stock is owned by a U.S. firm or corporation;

 

[TheRealCanadian]

However, she will be asked about her previous residency and she better have a good and honest story about it. Particularly, if she has spent a minimal amount of time in US (sounds like it).

Please read the original post again. The Green Card was issued in 1994 and the couple left the United States in 2002. Eight years.

 

[weverifyit]

What is a returning resident permit?

Please read the original post again. The Green Card was issued in 1994 and the couple left the United States in 2002. Eight years.

That is right. All that is not a problem. She was totally eligible to file for citizenship starting in 1997. She was continuously present in USA till 2002 except for short vacations.

Her absence has a solid basis - husband working abroad for a US corporation under an employment contract.

It seems the only question now left to answer - how does she reenter USA as a peramnent resident if her GC has expired. Does she file I-90 to renew it or get something known as a returning resident permit or just fly back to interview for citizenship? - thanks