Retaining Us Permanent Residency

[DrDave]

I've been combing through the USCIS website for quite some time, trying to get the specific rules regarding travel outside of the US for green card holders (permanent residents). I can't seem to find any specific information - only vague statements like "you can't be gone too long, otherwise you could lose your permanent resident status".

Here's the situation: My wife has just received her first green card (2 year, conditional permanent residency), with the intent of becoming a US citizen after she fulfills the 3 year residency requirement (based upon marriage to a US citizen). For several reasons (mostly related to looking after family and investments), we would like to spend a considerable amount of time in Thailand during those three years, however we consider our home in the US to be our primary residence.

At the time my wife received her K-1 visa at the BKK embassy, she was told that immigrants need to physically be in the US for 210 days (7 months)/year for the first 3 years. We're assuming that this is the requirement for filing for naturalization when eligible. (This briefing given to that day's visa recipients was in Thai, so I didn't understand what was being said).

The USCIS website is clear about the physical presence requirements for the application for naturalization - 6 months per year for the 3 years previous to filing (actually, 18 months out of the preceding 36 months, and any single absence longer than 12 months will most likely "reset the clock"). This conflicts somewhat with what the embassy staff told the K-1 visa recipients (6 out of 12 months, versus 7 out of 12 months), but that's not the issue for us right now.

What's unclear, are the requirements for maintaining permanent residency prior to becoming eligible for naturalization. I've heard of instances where a person's green card has been revoked upon entry to the US because the immigration officer at the checkpoint thinks that the person has been gone "too long", or "too many times". These stories, along with similar vague references on the USCIS website and documents lead me to believe that there's some amount of subjectivity that comes into play regarding maintaining ones permanent residence status when travel outside of the US is involved.

So - my questions are:

1. What is the maximum amount of time that a permanent resident can be out of the US without running the risk of losing their permanent resident status? If it's "x months/year", is it within a calendar year, or a rolling 12 month period?
   
2. Are there different rules or criteria for conditional permanent residents (first 2 year green card) versus non-conditional (subsequent 10 year green card) relative to maintaining their status? Is it more subjective for the newer (2 year) permanent residents, as opposed to those that are on subsequent renewals?
   

Calling the USCIS service center with these questions isn't really a viable option. Of the 3 times I've called them to deal with specific issues, they've either not followed through on actions required, or given incorrect information. Two of the three issues required them to do some processing on their end, which they assured me they'd do, but never did - causing delays of several months in our application process. The last straw was when I was given completely wrong information to a question regarding emergency travel for my wife under her K-1 visa. Had we not double-checked with a "real" immigration officer on the way to the airport (and subsequently canceled our trip at the last minute), following the information given to us would have resulted in my wife forfeiting her visa, and not being re-admitted to the US. The immigration officer we spoke with, by the way, was not at all surprised that the service center had given us bad information. Apparently, this happens frequently.

We've been working hard to "play by the rules" every step of the way though the whole visa and permanent residency process, but it's becoming more difficult as we're not able to determine exactly what the rules are. If anyone has any knowledge of the rules, or can relate any personal experiences regarding foreign travel and maintaining permanent residency, we'd really appreciate the info.

[thaihome]

This does seem to be somewhat of a grey area, though the fact that a person with a conditional green card does need specific permission to travel is pretty cut and dried. There is a forum dedicated to the visa journey (try Google) for the US. They actually have a forum just for this subject.

TH

Edited June 30, 2008 by thaihome

[DrDave]

This does seem to be somewhat of a grey area, though the fact that a person with a conditional green card does need specific permission to travel is pretty cut and dried. There is a forum dedicated to the visa journey (try Google) for the US. They actually have a forum just for this subject.

TH

Thanks TH!

I've checked the VJ forum, and there's a similar thread. No conclusive answers though. Some have expressed opinion that an absence up to 6 months is tolerated, but nonetheless you're subject to the mood/interpretation of the officer at the POE when returning.

Also - I don't believe that any special permission to travel is required for conditional green card holders. While the green card application is in process, an Advanced Parole document is definitely required in order to return to the US after foreign travel, but once the green card is issued, a travel document is no longer needed (unless an absence of more than 12 months is anticipated). This is what we were told by the immigration officer that approved my wife's green card application, and at the same time collected her Advance Parole document, saying she no longer needed it.

Thanks again for the tip about VJ.

[Gumballl]

Why don't you call the USCIS? That's what I did! A Condition Resident (CR) is able to remain outside the US for no more than 1 year.

A CR must file for Permenent Resident (PR) status within 3 months of their second anniversary of their first time entering the US (not marriage). Had you been married for 2+ years before applying for a visa for your spouse, she would not have been designated a CR, but instead a PR (at least I believe so).

Once your spouse files the application for the PR, it is highly recommended that she remain state-side. The process, depending where you reside, could take up to one year or more. Your spouse will be required to attend an interview at a USCIS office in the region where you reside. Her current green-card will have expired on the second anniversary of her arrival in the US, thus now making it all but impractical to travel overseas.

If the spouse must travel overseas while the PR application is pending, then she must get special permission from the USCIS.

It looks like you are going to have to re-evaluate your "game" plan concerning residing in Thailand.