Q: How long i can stary abroad with i-797 Notice of action?

A: As a conditional green card holder, you are generally expected to maintain your permanent residence in the United States. However, the I-797 Notice of Action extending your conditional resident status for 48 months while your I-751 petition is being processed provides some flexibility.

The mention of applying for a re-entry permit if you think you will be outside the United States for a year or more is a standard statement on I-797 notices. It doesn't necessarily mean that you can stay abroad for up to a year without any consequences.

Typically, if you are abroad for more than 6 months but less than a year, you may face additional scrutiny when attempting to re-enter the U.S. You may be asked to provide evidence that you maintained ties to the United States and intended to return, such as:

- Proof of continued employment in the U.S.

- Maintenance of a U.S. residence

- Evidence of family ties in the U.S.

- U.S. bank accounts and other financial ties

If you need to be abroad for more than a year due to your family member's health issue, it is advisable to apply for a re-entry permit before leaving the United States. A re-entry permit allows you to stay outside the U.S. for up to 2 years without losing your permanent resident status.

To be safe, it's best to consult with an experienced immigration attorney who can assess your specific situation and provide personalized guidance on how to proceed. They can help you understand the potential risks and advise you on the best course of action to maintain your permanent resident status while attending to your family member's health needs abroad.