QUESTION
How can someone retain green card for a spouse of US citizen posted abroad?
Asked on Nov 27th, 2012 on Immigration - Mississippi
More details to this question:
I am a natural born US citizen and I have been married for more than two years. My husband recently obtained his green card. We are currently in US, and I shall be working abroad for several years (with occasional trips back to US) to expand my business in a foreign country, and my husband will be accompanying me (he is in a different profession). What are the options for him to retain his green card (i.e., meet physical residency requirement, if any), assuming naturalization is not an option. In case we plan to go for naturalization, would INA 319(b) be applicable in this case? Thanks!
4 ANSWERS
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Answered on Apr 14th, 2013 at 9:41 PM
Rebecca T White
From what you describe, naturalization under 319(b) may potentially be an option for him. A reentry permit may also be advisable. You and your husband should set a consultation to fully discuss the plans you have and the options that will work best for him.
Answered on Dec 02nd, 2012 at 9:38 PM
He will need to apply for a reentry permit prior to leaving the US.
Answered on Nov 29th, 2012 at 3:01 PM
Thomas J. Rosser
You should consult with an experienced immigration attorney and file a Re-Entry Permit application for your alien spouse PRIOR to his initial departure from the U.S. as a current lawful permanent resident to avoid the threat of having abandoned his I-551 "green card". If departure/residence abroad will be in excess of two (2) years, he will need to return prior to the two year period and re-file for another Re-Entry Permit while physically present in the U.S.
Answered on Nov 28th, 2012 at 4:34 PM