QUESTION
How can I prolong my stay outside of the US as a green card holder?
Asked on Jul 10th, 2011 on Immigration - California
More details to this question:
I got my green card Dec 2010 (sponsored by my wife who is a US citizen). We recently had a baby in Canada, and the baby's paperwork and my Job here in Canada require me to stay here a bit longer before I can move (I'd also like to have a job lined up before I land in the US). I have been traveling back and forth to the US, but the INS officers at the border were adamant that I need to land there soon or they will revoke my green card. What is the best course of action (beside leaving my life here immediately and moving over without a job!)? Thanks in advance for your answer.
5 ANSWERS
Criminal Law Attorney serving Las Vegas, NV
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Reza Athari & Associates, PLLC
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You may apply for a travel document, aka "white passport". With that, you can stay up to 2 years without losing your status.
Answered on Jul 19th, 2011 at 2:08 PM
2 Awards
You should obtain a reentry permit that will allow you to remain abroad for some time. You should also maintain bank accounts, property, and other connections to the U.S. and continue to pay U.S. income taxes to prove your intent to return to the U.S. You may want to speak with a lawyer soon to build a detailed plan. This is a much easier problem to deal with ahead of time than after your green card is revoked.
Answered on Jul 19th, 2011 at 11:12 AM
Immigration and Naturalization Attorney serving San Francisco, CA
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The Law Office of Christine Troy
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You should look into filing a re-entry permit very soon with DHS.
Answered on Jul 18th, 2011 at 3:07 PM
LCA Audits and Investigations Attorney serving Houston, TX
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Fong Ilagan
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Document all your ties to the US and document the temporary emergency factors that are keeping you from re-entering the US. If you can show that you are in the process of moving, this will be helpful.
Answered on Jul 18th, 2011 at 2:52 PM
You should return to the U.S. and apply for a Re-entry Permit. The application must be filed from within the U.S. It is also important to establish some ties with the U.S. (e.g. have a bank account, apply for and renew driver license, file your taxes) The Re-entry Permit will allow you to return to the U.S. as a permanent resident after a period of up to two years.
Answered on Jul 18th, 2011 at 2:40 PM