Travel Advice for Conditional Residents from our Nevada Immigration Lawyer
Posted on | February 9, 2010 | 2 Comments
A visitor to our website recently sent us a message to ask our Nevada immigration lawyer a question about traveling as a lawful resident. Here, we reproduce the conversation so other viewers can take advantage of this information.
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Carly:
I have a question about my temporary green card. I’ve been in France 3 months last summer and 2 weeks for last Christmas. I’m planning to travel outside the US for a couple or few months with my husband this year and maybe later going to France together. In any case, it will be outside the US.
I would like to know how long can I stay outside the US territory under a temporary green card without risking to lose my residency. How long can I stay outside the US territory with a temporary GC? And also how long with a permanent GC?
Thanks in advance for your response,
Carly
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Nevada Immigration Attorney John Carrico:
Hello Carly,
You can remain outside the United States for up to six months at a time; this is the case for a conditional resident like you and also for someone on a ten-year “permanent” Green Card. Once you complete your Removal of Conditions and become an LPR, you can begin thinking about naturalizing as a U.S. citizen so you won’t have to worry about travel restrictions at all.
If you plan to stay any longer than six months, come in to see us about a Re-Entry Permit. If, once you are there, your plans change and you must stay longer, be sure to contact us within 30 days of the end of the six-month period abroad.
Happy travels,
John Carrico
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We are always available to answer your immigration questions, whether in Reno, Las Vegas, or around the world. For help with your immigration case, please contact our Nevada immigration law office today.
Tags: Citizenship > France > Green Card > Immigration Attorney > Immigration Lawyer > LPR > Naturalization > Nevada > Re-Entry Permit > Travel
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2 Responses to “Travel Advice for Conditional Residents from our Nevada Immigration Lawyer”
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April 3rd, 2010 @ 7:24 pm
my husband and i are going through tough times right now and decided to separate. i only have conditional visa and would like to leave the US to stay for a while in the philippines because im currently traumatized with what happened to us. will i still have my ermanent card? how can i prove that im not abandoning my residence here? do i have to buy two way ticket though im not sure when i will be coming back? i really need your help im broke and just living with a friend thank you so much
April 15th, 2010 @ 12:58 pm
Hello Pao,
Thank you for writing. As you know, a marriage that is less than two years old when the foreign national applies for residency only yields a conditional residence. After two years, the alien has to apply for Removal of Conditions by filing form I-751.
Depending on the circumstances, you may not have to worry. You only have to prove that the marriage was bona fide (real) at the time it was entered into. Our immigration laws recognize that things do not always work out, and it is possible to get an I-751 when you are separated — or even divorced — from the U.S. citizen who sponsored you for residency.
That being said, such I-751 cases are harder than a normal Removal of Conditions, and if your petition is denied for some reason you may be asked to leave the country after your residency expires. You have to file your I-751 within 90 days of the end of your two-year residency.
If you would like guidance with this case to ensure that your petition is not denied, please contact us today for a free consultation. Thank you again for the message, and we wish you well despite your relationship troubles.