Thanks for your quick answer. We just turned in the evidence they required for processing the GC. So if I turn in a reentry permit, it means that they put the GC on hold for a while? So say I would leave next month for 2 years, would they know that I am not able to go for interview if I need to?
So with this 131 reeentry I kindof "freeze" the GC process for 2 years and onceI come back, it would be continued?
Oh ok we misunderstood each other. So let me clarify it. I would want to leave the United States while the green card is in progress and
a. put a hold on my current GC process and after few years (2-3) when I come back just continue it
b. abandoning this current process and re-file for GC once we come back in few years.
Another thingmy work authorization expires in July. Is filing a i-765 free since the adjustment of status is still in progress?
Thank you, XXXXX XXXXX I made it more clear to you
I already have a i-131 - i traveled back to Hungary in January 2013 because my father was having heart surgery. However, it expires in December 2013 and I read on the i-131 form that another cannot be granted if I already have one, unless that I can prove that I lost the form. So in this case, does that mean that I can't apply for another i-131 until this current one expires in December?
If we abandon the current GC process & apply in another year or two , would I experience great difficulty in getting another one & jeopardize ever being able to live in the US? I read that I could apply via Direct Consular filing, since that's the quickest way for a GC & my wife would be living in Hungary with me for over 6 months.
If I leave the country, say in July, should I send out a letter to USCIS asking to dismiss my case for now? How do I legally abandon my almost-processed GC?
Can we renew it after 2 years? Or do we have to come back, live here for a few months/years & then reapply again?
I read that after we apply for it, if I've already done the biometrics exam then we can go ahead & leave. The biometrics exam is fingerprints, something like a retina scan, and pictures, correct? If so, I did this last fall in Greenville, SC.
On here http://www.uscis.gov/USCIS/Resources/B5en.pdf it says on page 1, on the right hand side, that if the biometrics have already been obtained, we can go ahead & leave and have the permit sent to a US embassy. Am I misinterpreting it?
Just out of curiosity, what is the worst case scenario if we send in a letter canceling the process?
Thank you for your quick responses! It is very much appreciated.
I think we are going to follow your advice & wait for the GC to come and then apply for the re-entry permit (can we file in person at our closest field office? would it speed up the process?)
On another note, if my American wife wants to obtain dual citizenship (her mother's side of the family lives in Europe), how does she do it? And would it look bad to the USCIS if she does obtain dual-citizenship?
Oh, I meant direct filing for the i-131. Sorry about that.
Hi Guillermo! I finally received my green card! Finally, I will apply for the re-entry permit. If we decide to stay in HunXXXXX XXXXXer than 2 years, can I come back (before the permit expires) & reapply for another re-entry permit and go for another 1-2 years?
Dear Guillermo. First, I want to thank you for all the advices you've given us. Second, I have a question about our situation. We live in Hungary now and we need to decide whether we want to live here another year or not. My green card will expire in July/15. We are kind of concerned though that since I've been working here in Hungary, it would make it harder to re-apply for the GC. Would it help if I would go back in the summer for a month just to work and have some taxes to file next year? Also, next year if I re-apply is it a permanent GC or a temporary again? Can I cross the border with that one? Thank you
Thank you. Do you think they would renew it more willingly, if I would work there for a month this summer, or it would not change the situation?
You are not looking at it the right way. I think we went over this, but I will do it again, no problem. Anyone that is a Lawful Permanent Resident (LPR) and is outside of the U.S. for 180 days or more within any 12 month period (not necessarily calendar year) creates a rebuttable presumption of abandonment of residency. That presumption can be rebutted by evidence to the contrary such as filing U.S. taxes, maintaining a home in the U.S. and paying that mortgage or rent, maintaining a U.S. drivers license, U.S. bank accounts with significant movement, etc.
Someone that has been outside of the U.S. for more than 1 year without first having an approved re-entry permit has abandoned their residency and only in very few exceptions (such as serious illness) can they get it back.
Here is an official link:
As I said, they don't get "mad" if you abandon it. So you can apply for a new one with no penalty.
I do have a re-entry permit issued in 08/2014 and it's valid for 2 years. I explain our status to you, so you can understand it better. I have a diploma in medicine issued by the Hungarian government. It is not accepted in the States, so living there I was doing different jobs. We moved to Hungary for a season, not permanently, so I can practice medicine with the intention of going back to the States. Now as we are making financial and family plans for the future, we see that we might be better off staying here, but we don't want to make this decision living here only this short period of time (since 08/13). Staying here for another year would give us more clarity on what to do. Since the green card came through a difficult and expensive process, I don't want to abandon it. So thats why the question is that if next year we decide to stay even longer in Hungary and I go back to renew my temporary permanent resident card, would they allow me to do that? Would it help the decision, if I was to work in the States this year for a short period of time, e.g. about a month in the summer? Thank you
You should either spend 180 days or more out of every 12 months in the U.S. or you will need a Re-Entry Permit to allow you to stay outside of the U.S. for up to 2 years. If not, you can and most likely will lose Residency status and will have to apply again.
Dear Guillermo. You did not answer my question, maybe we did not understand each other. Thank you though for taking your time.
The question was that would it be benecficial in any ways for me to go back to the States and work for ~1 month. Would USCIS consider it as a positive thing or not when they will decide on renewing my 2 year temporary green card? I read that I need to go back to the States 90 days prior the expiration of the GC. Is it enough if I go 60 or 30 days prior to it, too?
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