Brooklyn, NY asked in Immigration Law for New York

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?

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3 Lawyer Answers
Myron Morales
Myron Morales
Answered
  • Immigration Law Lawyer
  • Austin, TX

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

Leonard R. Boyer
Leonard R. Boyer
Answered
  • Immigration Law Lawyer
  • Brooklyn, NY

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.

Hector E. Quiroga
Hector E. Quiroga
PREMIUM
Answered
  • Immigration Law Lawyer
  • Las Vegas, NV

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.

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