njin1
Friday, August 23, 2013 12:43:56 AM
Hello Amazon, you are always the first one I turn to when I have questions!!

My mom got her PR about a year ago through marrying a USC. She is a conditional PR now. Half a year after her residence in the States, she went back to her home country with her husband because he got a job offer back there. We wonder if this is a problem for her residence requirement because we heard that as a conditional PR, she has to be in the States for at least half of the year? otherwise USCIS will see this as not physically present? we will be filling out i 761 petition to remove the condition of status in abt half a year.

I could not find any instructions indicating physical presence in the form i 761?

My mom very likely did not applied for Advance Parole.

thank you very much!
Jane
Amazon
Saturday, August 24, 2013 10:16:01 PM
Quote:

Hello Amazon, you are always the first one I turn to when I have questions!!


Thank you Jane 👍

Quote:

My mom got her PR about a year ago through marrying a USC. She is a conditional PR now. Half a year after her residence in the States, she went back to her home country with her husband because he got a job offer back there. We wonder if this is a problem for her residence requirement because we heard that as a conditional PR, she has to be in the States for at least half of the year? otherwise USCIS will see this as not physically present?


Yeah. If she is planning to stay outside US for more than a year, she is required by USCIS to get a reentry permit BEFORE she leaves US.

Please see this article from USCIS: http://www.uscis.gov/por...VgnVCM100000082ca60aRCRD 

Quote:

we will be filling out i 761 petition to remove the condition of status in abt half a year.

I could not find any instructions indicating physical presence in the form i 761?


These two are separate. Hence you would not find it mentioned in I-751 page.

http://www.uscis.gov/por...VgnVCM10000045f3d6a1RCRD 

Originally Posted by: jane 

My mom very likely did not applied for Advance Parole.

thank you very much!
Jane



Yes, she has to apply for reentry permit (advance parole) before she leaves. The link below is very helpful.

http://www.uscis.gov/USCIS/Resources/B5en.pdf 

If she is GC holder and is planning to stay outside US for more than a year, it is important for her to file form I-131 and get reentry permit before she leaves US. Since form I-131 requires fingerprinting, she has to be physically present in US for that. In addition, she can mention on I-131 that reentry permit should be sent to US embassy abroad.

She can file I-131 form and travel to US for fingerprinting. Once that is completed, she can than return back. Make sure she mentions in I-131 form to send reentry permit to nearest embassy.
Please remember to add your case to the GC tracker: http://www.mygcvisa.com/tracker 
njin1
Wednesday, September 4, 2013 8:58:26 PM
Thanks for your reply Amazon! So if she can travel back to US at least once a year, she is fine right?
Amazon
Saturday, September 7, 2013 3:01:22 AM
Technically USCIS requires GC holder to stay in US for atleast 6 months every year (to establish permanent residency). If they continue to stay outside US for 6 months, the port of entry officer could refuse entry to US (though this is rare); since the intention is not to stay permanently within US. The links above are very useful and help answer all questions.
Please remember to add your case to the GC tracker: http://www.mygcvisa.com/tracker 
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