njin1 8/23/2013 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
[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
Thanks for your reply Amazon! So if she can travel back to US at least once a year, she is fine right?
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.