Fort Lauderdale, FL asked in Immigration Law for Florida

Q: I'm a U.S. citizen married to a LPR. Will her status as a LPR be interrupted if I am employed abroad and we live abroad?

Will issues arrive if I accept employment abroad as she has been a LPR for roughly 1 year? What measures can be taken to avoid issues with an 'interruption' of her permanent residency in the U.S. if I choose to accept employment and we legally live outside of the country?

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1 Lawyer Answer
Kevin D. Slattery
Kevin D. Slattery
Answered
  • Immigration Law Lawyer
  • Tampa, FL
  • Licensed in Florida

A: The short answer to your question is "possibly." However, there may be measures you can take to protect her status as a lawful permanent resident, such as filing for a reentry permit. For whom you work abroad may also open up options for her, including naturalization (if that is something she is interested in). By any chance, will you abroad be "in the employment of the Government of the United States, or of an American institution of research recognized as such by the Attorney General, or of an American firm or corporation engaged in whole or in part in the development of foreign trade and commerce of the United States, or a subsidiary thereof, or of a public international organization in which the United States participates by treaty or statute, or is authorized to perform the ministerial or priestly functions of a religious denomination having a bona fide organization within the United States, or is engaged solely as a missionary by a religious denomination or by an nterdenominational mission organization having a bona fide organization within the United States . . ."? INA 319(b)(1)(B). You should likely schedule a consultation with a competent immigration attorney who can discuss with you options. Many during this COVID-19 pandemic, including my office, are offering telephone or online Skype/Zoom/etc. consultations.

Ana S. Mendieta agrees with this answer

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