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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 96010
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Dear Guillermo. My wife and I are really leaning towards moving

Customer Question

Dear Guillermo. My wife and I are really leaning towards moving to Hungary for awhile (maybe yrs) My GC has not come in yet, so my question is how could we `abandon` the green card without completely losing the chance to get another in the future. Is there a form we should turn in or writing a letter to the USCIS? Thank you for your answer
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
If you are just going to go for two years, then file an I-131 Re-Entry Permit which will allow you to be outside for up to 2 years. Then you can come back and do it all over again for 2 more years. After that they get harder to get and they only give them for 1 year at a time. But at least you can preserve the GC for a few years until you come back. If not, then you file an I-407 at the U.S. Embassy or Consulate and then later on you apply for a new one when you are ready to come back, but keep in mind it can take 9 months or more. Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. And don't forget that bonuses are always appreciated! Thank you.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 96010
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Guillermo J. Senmartin, Esq. and 4 other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.

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?

Customer: replied 1 year ago.

So with this 131 reeentry I kindof "freeze" the GC process for 2 years and onceI come back, it would be continued?

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
No. You need to apply for the Re-Entry Pemit AFTER your GC is approved. And you will still need to be in the U.S. to apply for it and you will need to be in the U.S. at least to have your fingerprints taken.
Customer: replied 1 year ago.

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


 


or


 


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

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
That's not going to be that easy. You can apply for an I-131 Advance Parole (instead of a Re-Entry Pemit), but you will need to come back for an interview. After it is approved, then you can file an I-131 Re-Entry Permit.

You can also just abandon the process and apply again later, but I personally would not do that. That's just me. I would rather get the green card and then file whatever was necessary to preserve it.

As far as the work permit goes, I have always had my clients pay for the 2nd one but someone recently showed me on the I-765 that as long as the I-485 is still pending, no fee is required. I am not so convinced and I think it is an error on the form, but you can always call the Customer Service number and ask to make sure.
Customer: replied 1 year ago.

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?


 


 


 


 

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
You should be able to apply for another Advance Parole when the current one is expiring.
Customer: replied 1 year ago.

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.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
No. They don't get "mad' just because you cancel it or abandon it. As long as you don't commit a crime, you should be ok. As far as DCF, it depends on if the U.S. Embassy or Consulate there accepts it at the time that you file. Policy changes and sometimes DCF may not be available. Nothing you can do about that. Either it will be available or it won't be.
Customer: replied 1 year ago.

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?

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Honestly, I would not do it. I would get the green card then file for the Re-Entry Permit. But if you do not want to do that, then just send in a letter withdrawing everything. Send it certified return receipt and also have the letter notarized.
Customer: replied 1 year ago.

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.


 

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
You can get another one for two more years, BUT, it must be applied for when inside the U.S. and biometrics have to be done again inside of the U.S. No way to avoid that just because it was done before. Sorry, but you will have to come back at least for a short time before two years go by.
Customer: replied 1 year ago.

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.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Yes. You are misinterpreting it. That means that after the biometrics are taken FOR that new process, you do not have to wait for approval. You can go on ahead and the Re-Entry Permit can be forwarded to you. So sorry, that won't work.
Customer: replied 1 year ago.

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?

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
There is no direct filing for Adjustment of Status. Here is a link if you want to try to expedite it, but it will not be easy:

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=16a6b1be1ce85210VgnVCM100000082ca60aRCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD



And I cannot tell you how she can acquire citizenship in another country, but I can tell you that the U.S. is ok with it.
Customer: replied 1 year ago.

Oh, I meant direct filing for the i-131. Sorry about that.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
No. Not for that either.
Customer: replied 1 year ago.

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?

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Yes, you can. Congratulations.
Customer: replied 9 months ago.

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

Expert:  Guillermo J. Senmartin, Esq. replied 9 months ago.
Remember that you need a Re-Entry Permit to be outside of the U.S. for so long. If that becomes difficult, then you will need to file an I-407 to abandon the Residency and then when you are ready to immigrate, about a year before, you file for a new one through your spouse. There is no penalty for abandoning one and then applying for a new one.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 96010
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Guillermo J. Senmartin, Esq. and 4 other Immigration Law Specialists are ready to help you
Customer: replied 9 months ago.

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?

Expert:  Guillermo J. Senmartin, Esq. replied 9 months ago.

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:

http://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence

 

 

As I said, they don't get "mad" if you abandon it. So you can apply for a new one with no penalty.

Customer: replied 9 months ago.

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

Expert:  Guillermo J. Senmartin, Esq. replied 9 months ago.

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.

Customer: replied 9 months ago.

Dear Guillermo. You did not answer my question, maybe we did not understand each other. Thank you though for taking your time.

Expert:  Guillermo J. Senmartin, Esq. replied 9 months ago.
What question remained unanswered? Just be clear and I will help you if I can.
Customer: replied 8 months ago.

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?

Expert:  Wendy-Mod replied 8 months ago.
Hello,

I’m Wendy, and I’m moderator for this topic. It seems the Expert has left this conversation. This happens occasionally, and it's usually because the Expert thinks that someone else might be a better match for your question. I've been working hard to find a new Expert to assist you right away, but sometimes finding the right Expert can take a little longer than expected.

I was checking to see if you had already found your answer or if you still needing assistance from another one of the Experts?

Please let me know if you wish to continue waiting or if you would like for us to close your question.

Thank you,
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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
96010 Satisfied Customers
10+ years of experience in various aspects of U.S. Immigration Law.