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Conditional Green Card wants to live abroad

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  • Conditional Green Card wants to live abroad

    I will be filing a I-751 (with a divorce waiver) as soon as I have my divorce certificate.
    I was planning to spend the summer abroad (less than 6 months) but was wondering to know if I could stay a bit longer (but less than a year). I know about the re-entry permit but as my conditional GC expires in February 2018, I don't think it is worth it.
    Also, if when I am abroad, I find a job with an American company, do you think I will be able to stay out of the U.S for a year?

    Thank you so much for your help!

  • #2
    Short answer: don't worry about it. Long answer:

    On one hand, remaining abroad for more than a year does not cause you to relinquish your permanent residence

    On the other hand, returning within a year does not automatically entitle you to return to the United States using your immigrant visa

    "... what is a temporary visit cannot be defined in terms of elapsed time aloneā€ -- BIA in the Matter of Huang

    The threshold inquiry is your abandonment of your permanent residence by intending to make some other country your permanent home

    A green card is not a super-visa. It is for bona fide residents of the United States. Do the best you can to maintain your ties with the United States while abroad. In the worst case scenario, you may have no family ties in the United States, no US job to return to, no residence to return to, no US community ties eg participation in religious congregation, civic and social organizations etc. These factors will be held against you, although the United States has a very heavy burden when stripping someone of their permanent residence.

    You would be considered employed in the United States despite if you serve abroad in the Armed Forces or work abroad as an employee of the US government. It doesn't count if you are an employee of a US company if the job is based abroad.