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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105601
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I am married with a U.S citizen while now. I have a valid

Customer Question

I am Angolan and I am married with a U.S citizen for a while now. I have a valid visitor visa which I use to travel regularly to meet my wife in USA. Also I work in my Country in a rotational schedule 28 days of work followed by 28 days off work. We decide, my wife and I, to file I 130 and I 485 forms with U.S. Immigration services to adjust my status as to permanent resident in U.S. but we are concerned about 2 things.
1. First of all we want to keep my job, we don’t want to lose it, for family sake; and at the other side we want to apply for adjustment of status for me as well. We would like to know from you the best way to handle this situation.
2. Just to tell you that we are concerned now because from discussions with some friends:
a. We have heard that when you file a I 485 form with U.S. your application will be deemed abandoned if you leave the U.S. Here we need your help in order to know what we can do to be able to apply for adjustment of status within U.S at the same time to preserve my job. Because I just have 28 days to stay in U.S once a time due to my work schedule. Please, advise.
b. We have heard about a form called I 131 that might help us. If this is true; we would like to know from you what is the way to fill in it in order to satisfy our requirements (28 days in U.S followed by 28 days out of U.S). please, advise.
3. Overall we need guidance from you in order to get out of this situation.
Submitted: 10 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.

Hello and welcome to Just Answer. I am Guillermo Senmartin and I have over 13 years of experience as an attorney and I will be helping you today. You are not charged per question, per reply nor per answer, so please see this as a relaxed conversation.

You won't be able to keep your job forever. At some point you will have to begin living in the U.S. How long will you need to keep you job?

Customer: replied 10 months ago.
I know I will have to begin living in the U.S but I would like to know what I have to do right now as per the situation I explain to you.
Customer: replied 10 months ago.
Sorry I just receive a call from FORD and I need to go and get my car. Can we continue sometime later? within 2 hours I will call you.
Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.

I will be around. Just in case, if you want to call which will be much easier, I will send you an offer.

Customer: replied 10 months ago.
Hello
this is my number. can we talk? ****
Customer: replied 10 months ago.
Hello
Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.

You have to accept the additional offer of service in order to speak over the phone. It is an additional fee. If not, we can continue here without additional charge. Please let me know what you would like to do.

Customer: replied 10 months ago.
Hello
Customer: replied 10 months ago.
we can continue here without additional charge
Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.

Ok. 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

So basically, you need to spend more time in the U.S. than outside of the U.S. If that will not be possible, at least at the beginning, once you have U.S. Lawful Permanent Residency, you can apply for a Re-Entry Permit on form I-131. This will allow you to be outside of the U.S. for up to 2 years. You can use it for multiple trips. If you need more time, you come back before the 2 years ends and then you can apply for one more Re-Entry Permit for 2 more years. If you still need more time, you can apply again, but after 4 years, they get harder and harder to get and often only grant them for one year at a time. At some point you will need to start living in the U.S. and spending more than 180 days per 12 months inside.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. You can even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.

Hello Moba. I'm just following up with you again to see how everything is going. Did my answer help? Please let me know. Thank you!

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