Asked in Immigration Law for Florida

Q: Hi, I have the IR1 visa in my passport until July. I am planing to enter in USA in May and spend 1 month, after leave

Leave back in Europe and take my exams.

And come back in Usa by September. Is tjat going to be ok for immigration?

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2 Lawyer Answers
Agnes Jury
Agnes Jury
Answered
  • Immigration Law Lawyer
  • Traverse City, MI

A: Once you have your green card (which hopefully you will receive within the one month you will be in the US in May), leaving the US for 3 months should not be a problem. Just be ready to explain why you left for 3 months so quickly after becoming a US citizen in case the Border Patrol officer asks. Best wishes!

Kyndra L Mulder
PREMIUM
Kyndra L Mulder
Answered
  • Immigration Law Lawyer
  • Jacksonville, FL
  • Licensed in Florida

A: IR1 is an immigrant visa. The visa may expire but your status as an LPR does not. You are supposed to receive your green card before the visa expires. If you do not receive the card while you are in the USA try to make an appointment at the local USCIS sub office to get a stamp extending the validity.

As an LPR you are limited in the amount of time you may spend outside the USA. Make sure NOT to be outside the USA longer allowed under the terms of the LPR status. If you think you will be absent for more than 6 months apply for a re entry document.

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