My wife got her one year extended visa for the U.S. which, I guess now, is not yet the permanent visa (I thought it was). The paperwork she received says she cannot be outside of the U.S. for more than six months so she will have to return to America in January. She say the paperwork explains that she can apply for her permanent visa after another year...I have already paid for two. My questions are: does this sound right? and whne can she leave the U.S. again to return Thailand?

My wife got her one year extended visa for the U.S. which, I guess now, is not yet the permanent visa (I thought it was). The paperwork she received says she cannot be outside of the U.S. for more than six months so she will have to return to America in January. She say the paperwork explains that she can apply for her permanent visa after another year...I have already paid for two. My questions are: does this sound right? and whne can she leave the U.S. again to return Thailand?

Dear Sir,

From your posting, it is not entirely clear what type of visa she is using to remain in the USA. Could you please clarify her visa category? I am making the assumption that she is in the USA on a CR-1 visa and you have yet to apply for a lift of conditionality. If she is in lawful permanent resident status, then she will be able to depart the USA for short trips and and return. If not, then this analysis would be different.

In the past, it was easier for permanent residents to travel outside of the USA for long periods of time, in the last decade US Immigration has tightened regulations regarding abandonment of permanent residence. If a permanent resident departs the US and returns within a 6 month period, then it is highly unlikely that the person will be judged to have abandoned their permanent residence. If a PR departs the USA and remains abroad for a period of 6-12 months, then they are in something of a gray area. An Immigration officer could decide that the person has abandoned their permanent residence and turn them away although, this scenario is unlikely. What is more common is an Immigration officer giving the immigrant a stern warning about not remaining outside of the United States for extended periods.

Finally, there are those who remain outside of the country for one year or more. In cases such as this the issue of residential abandonment is raised. If one has permanent residence in the USA and has stayed outside of the country for a very long period then it may be wise to file an application to determine returning resident status in order to have that issue adjudicated and dealt with before going to the port of entry. Another option to forestall being judged to have abandoned US residence is to obtain a reentry permit. This allows for the LPR to stay outside of the US for 2 years without fear of raising the presumption of abandonment.

I hope this was helpful and all the best!

Ben Hart

US Immigration Attorney

Integrity Legal

My wife got her one year extended visa for the U.S. which, I guess now, is not yet the permanent visa (I thought it was). The paperwork she received says she cannot be outside of the U.S. for more than six months so she will have to return to America in January. She say the paperwork explains that she can apply for her permanent visa after another year...I have already paid for two. My questions are: does this sound right? and whne can she leave the U.S. again to return Thailand?

Dear Sir,

From your posting, it is not entirely clear what type of visa she is using to remain in the USA. Could you please clarify her visa category? I am making the assumption that she is in the USA on a CR-1 visa and you have yet to apply for a lift of conditionality. If she is in lawful permanent resident status, then she will be able to depart the USA for short trips and and return. If not, then this analysis would be different.

In the past, it was easier for permanent residents to travel outside of the USA for long periods of time, in the last decade US Immigration has tightened regulations regarding abandonment of permanent residence. If a permanent resident departs the US and returns within a 6 month period, then it is highly unlikely that the person will be judged to have abandoned their permanent residence. If a PR departs the USA and remains abroad for a period of 6-12 months, then they are in something of a gray area. An Immigration officer could decide that the person has abandoned their permanent residence and turn them away although, this scenario is unlikely. What is more common is an Immigration officer giving the immigrant a stern warning about not remaining outside of the United States for extended periods.

Finally, there are those who remain outside of the country for one year or more. In cases such as this the issue of residential abandonment is raised. If one has permanent residence in the USA and has stayed outside of the country for a very long period then it may be wise to file an application to determine returning resident status in order to have that issue adjudicated and dealt with before going to the port of entry. Another option to forestall being judged to have abandoned US residence is to obtain a reentry permit. This allows for the LPR to stay outside of the US for 2 years without fear of raising the presumption of abandonment.

I hope this was helpful and all the best!

Ben Hart

US Immigration Attorney

Integrity Legal

She is back in Thailand for the next few months. She origninaly got her CR-1. I have been away durring her period where she seemed to have gotten a 1 year visa while she was in the states and right before she returned to Thailand she got another one and that is where she says she cannot has to return before six months. I am having her email me the paperwork and a copy of her resident card. I will let you know, thanks for your help. It seems I keep paying for visa after visa after visa!

In the past, it was easier for permanent residents to travel outside of the USA for long periods of time, in the last decade US Immigration has tightened regulations regarding abandonment of permanent residence. If a permanent resident departs the US and returns within a 6 month period, then it is highly unlikely that the person will be judged to have abandoned their permanent residence. If a PR departs the USA and remains abroad for a period of 6-12 months, then they are in something of a gray area. An Immigration officer could decide that the person has abandoned their permanent residence and turn them away although, this scenario is unlikely. What is more common is an Immigration officer giving the immigrant a stern warning about not remaining outside of the United States for extended periods.

Finally, there are those who remain outside of the country for one year or more. In cases such as this the issue of residential abandonment is raised. If one has permanent residence in the USA and has stayed outside of the country for a very long period then it may be wise to file an application to determine returning resident status in order to have that issue adjudicated and dealt with before going to the port of entry. Another option to forestall being judged to have abandoned US residence is to obtain a reentry permit. This allows for the LPR to stay outside of the US for 2 years without fear of raising the presumption of abandonment.

I hope this was helpful and all the best!

Ben Hart

US Immigration Attorney

Integrity Legal

We did apply for a lift of conditionality and I think that is when she got the second visa...so darn confusing. I will find out more soon i hope from her emails.

If you don't mind me asking, what visa did she enter on?