Q: My wife just got her conditional green card. Can we live abroad together for 3 years because of a job opportunity?
Can she retain her status while living abroad with me for such extended time?
A: Maybe. She can apply for a reentry permit, which serves as the best evidence that she did not intend to abandon her residence while abroad. You should discuss your work plans with an attorney as she may qualify for Naturalization or a N-460 might help her while she is abroad.
Ms Grace I Gardiner agrees with this answer
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (973) 798-6131
- View Profile
- Answered
A: You should really consult with an experienced immigration attorney. If she is out of the US for 3 years, she will be deemed to have abandoned her green card. Obtaining a re-entry permit from USCIS before you leave, or a returning resident visa (SB-1) from a U.S. consulate while abroad, may assist you in showing that you intended only a temporary absence.
A: It depends on the job opportunity. You’ll definitely want to talk with an immigration attorney about your particular circumstances, but you can hedge your bets by making it clear with a preponderance of evidence that the stay is temporary and that your wife and you plan to establish your domicile in the US at the end of the three years.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
