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removal of conditional status- residence requirements
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njin1
8/23/2013 12:43:56 AM
Total Posts: 19
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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
8/24/2013 10:16:01 PM
Total Posts: 591
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[quote]Hello Amazon, you are always the first one I turn to when I have questions!! [/quote] Thank you Jane [thumbup] [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? [/quote] 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/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=3f443a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=3f443a4107083210VgnVCM100000082ca60aRCRD [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?[/quote] These two are separate. Hence you would not find it mentioned in I-751 page. http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f858d59cb7a5d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD [quote=jane;3750]My mom very likely did not applied for Advance Parole. thank you very much! Jane[/quote] 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.
njin1
9/4/2013 8:58:26 PM
Total Posts: 19
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Thanks for your reply Amazon! So if she can travel back to US at least once a year, she is fine right?
Amazon
9/7/2013 3:01:22 AM
Total Posts: 591
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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.


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