US Immigration Questions

  1. Wednesday,...
    Question: I have the following questions<br> Can employer A revoke my current I-140 after I change my employment?<br> Can I keep getting my visa renewed with Employer B based on my current I-140 with Employer A until Employer B initiates my GC processing?<br> Does the hike in pay and change in roles in any way affect any of my future GC filings with Employer B?
    Answer:

    Watch the Video on this FAQ: Changing jobs after I-140 approval

    Video Transcript

    When your I-140 is approved your priority date is yours to keep even if you leave that employer the very next day and go and join a totally different job. It does not matter if the job gives you a higher salary or a lower salary or has a completely different job profile because all you are carrying forward is your priority date. So when you want to carry forward your priority date what you do is you take your I-140 with you. In addition to that once the I-140 is approved and stays approved for 180 days not only you carry on your priority date, you also carry the right to extend your H-1 through any employer and there is no limitation on that. More...

     

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

  2. Thursday,...
    Question: With speculations that EB-3 may go ahead of EB-2, can we port down to EB-3 from EB-2 using existing labor, in general is it risky to do that, what happens if porting is denied will we loose existing approved EB-2 petition?.
    Answer:

    Watch the Video for this FAQ: Can EB-2 approved file for EB-3?

    Video Transcript:

    The way I think it will work is if you have both EB-3 and EB-2 approvals already good for you. You can use either one. If you have an EB-2 approval and you want to take advantage of the EB-3 upsurge in the Priority Dates, file for an EB-3 I-140 with a copy of the same PERM application. If the I-140 is approved quickly great, if not and the dates become current while the I-140 is still pending, with the receipt you can file an I-485. So you will have an EB-3 pending with a I-485 coming along. Now if tomorrow the dates become better, moving for EB-2 because you have both I-140s in the works, one approved and one pending or maybe both approved by that time, government will automatically give you the benefit of which ever category is moving the fastest.  More...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

  3. Tuesday, 5...
    Question: I am currently working on L1B with company A and I received my H1B I-797 last year from same company A, but didn’t do the conversion to it yet. I want to change to company B in regards to which I have the below questions:<br> 1- What is the process of switching the visa, and does it need me to setup an interview appointment?<br> 2- If yes, does this have to be out of USA and in my home country?<br> 3- Do I need to get the stamping for H1B with company A before moving to company B? Or can I switch to company B without going for H1B stamping for company A?
    Answer:

    FAQ: How does one change status while within the United States?

    Video Transcript

    There are three types of situations I can think of. One is when you are changing status to one to another (H-1 to F-1 or H-1 to tourist visa) can be filed just by using form I-539. Then there are some where the change of status requires refiling of the entire paperwork for the petition. H-1 and L-1 are examples of that category and the third situation to change of status is when certain categories of people are not allowed to change status. An example would be if you are here on a visa waiver also calling ESTA program you cannot change status. More...


    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

  4. Thursday,...
    Question: USCIS now interprets the 24-month STEM OPT extension rule from 2016 to require a STEM OPT worker to be placed only at a worksite of the employer. In other words, the USCIS now says that any offsite placement, including at a third-party worksite, is prohibited. Will this affect the H1B petitions filed by employers for such opt students, where they are working at an end client location (not employer location) and the H1B petition was filed with end client details.
    Answer:

    Watch the Video for this FAQ: Status of off-site placed STEM OPT extension students

    Video Transcript

    First of all to say that USCIS has changed its regulations and they do not allow off-site placements of STEM OPT extensions students is incorrect, because USCIS has said this from a very long time that they are not going to allow these placements. If you are in a situation, what can happen is you could be considered to be out of status for no fault of your own. So if you file an H-1B and if the government says well we think you're out of status hopefully that's all they can do, they can make you go outside the USA for a visa stamping. More...

     
     
     
    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
  5. Thursday,...
    Question: My spouse and me are staying in USA since last 10 years on work visa H-1B. We have our second daughter born in 2016 who is facing neurological disability which requires long term care and constant therapies. Current scenario is my husband's H-1B has denied and couldn't get back to USA. I am here in USA with my both kids on B2 Visa. My both kids are US Citizens. Is there any legislation which can provide legal stay to the parent of child with disability in the USA?
    Answer:

    Watch the Video on this FAQ: Is there any law to provide legal stay to the parent of US citizen child with disability?

    Video Transcript

    The answer is No. You can stay on a tourist visa. There are no special visas or green card for such situations.  More...

     

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

  6. Tuesday, 22...
    Question: I have my I-140 approved in 2015 and its beyond 180 days now with Employer A. <br> If I move to Employer B a) Consider that Employer A revoked my I-140<br> b) Please help to confirm will it possible to get multiple extension with previous 180 approved.<br> c) Even if Employer B doesn't file a Green Card (Labor then I-140)... Can I get multiple extension with Employer A approved I-140
    Answer:

    FAQ: Effect of I-140 revocation on priority date, H-1B extensions through any employer, etc.

    Video Transcript:

    Beginning January 17, 2017 the law is that if your I-140 has been approved and stays approved for 180 days and atleast one or two days past Janaury 17, 2017, because if it was revoked after 180 days but before Janaury 17, 2017 when the new regulations came in you would have to look at other things but not those regulations. These new regulations say first of all the moment your I-140 is approved your priority date is yours to keep. You can take it to any employer, you have to start the green card all over again, but you carry the priority date forward.

    The second thing that it says is that if in addition your I-140 stays approved for 180 days you will retain the ability to extend your H-1B on three years any number of times as long as the priority dates are not current with any employer for any job. So once I-140 is approved and stays approved 180 days your rights to extend H-1 beyond six years with any employer are quite secure. More...


    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

  7. Wednesday,...
    Question: I am on H-1 Visa and my son is on H-4 visa. He is 17 years(studying 11th grade). I wanted to know whether i need to change the visa status at the age of 21. If so, the green card processed by my employer for him will still be valid or not. Also, if he goes to India for studying his degree for like 4 or 5 years, will the green card processing for him will be valid.
    Answer:

     

    Video Transcript

    Normally the children of people undergoing the green card process, convert to student visa if they are in school. If he gets covered by the CSPA (Child Status Protection Act) even though he has a student visa it doesn't change his green card status through you and again if he goes to India for a degree for four to five years his green card processing will still stay valid. There might be some technical details you have to attend to but that is certainly possible as long as he's not got a problem with aging out as he is covered by CSPA.  More...

    Related Video on CSPA:

    Rajiv Khanna discusses the impact of the CSPA (Child Status Protection Act) on Employment based Green Card delays on children turning 21.

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

  8. Wednesday,...
    Question: My future employer is planning to file my GC PERM in the month of May 2018. Also I have PERM in process from my current employer. Is it advisable to join the future employer before filing the PERM or after the PERM is approved or after I-140 is approved. Basically need to know at what stage of the GC process I can join the future employer. Does my joining the future employer impact the GC approval process (getting PERM approval, I-140 approval).
    Answer:

    Watch the Video on this FAQ: At what stage should I join my future green card employer?

    Video Transcript:

    As far as only one aspect of the case is concerned, which is the ability to pay wages. So when your employer starts your green card from that date forward they must show that their tax returns have enough money to pay you. If on the other hand the employer has a very healthy tax return only their lawyers can tell them, then it doesn't matter when you join them so if you are worried about the ability to pay wages, it is better to join before filing the PERM. If the tax returns are extremely healthy, then you can join at any stage you like either before or after the approval of the green card. I-140 can be affected because of the ability to pay wages, but if the ability to pay wages is strong you can join a future employer anytime before or soon after the approval of the green card. More...


    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

  9. Wednesday,...
    Question: Is it possible to file EB-5 with 200 cash & 300K secured promissory note to be paid in next two years against Indian property?
    Answer:

    Watch the Video on this FAQ: Filing EB-5 investor case with a promissory note secured by property in a foreign country

    Video Transcript:

    Yes, it is possible. The only problem is, I don't remember the exact laws on the duration of the promissory note, I don't think you can delay it all the way to two years. I think it probably will have to be relatively short period of time. More...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

     

  10. Thursday, 3...
    Question: I am currently working for a Non-profit org on a cap-exempt H-1B. and my company initiated my GC processing. Below are the few questions:<br> 1. Is the GC processing any different thru a non-profit from a for-profit organization? meaning, is it any advantageous to process my GC thru a non-profit?<br> 2. Can my I-140 from a non-profit be transferred to a for-profit org, if I was able to move to a for-profit org?<br> 3. What are the possible ways that I could move to work for a for -profit organizations? From your previous calls and thru my research I found out below few ways that I could to that. Please give your inputs<br> a. Finding a profit employer to file my cap-subject H1 (Can I start working for my new employer as soon as my H1b is picked in the lottery or approved, instead of waiting till Oct 1st?)<br> b. If a new employer sponsor my cap-subject H1 and if I dont move to the new employer, will my current cap-exempt H1 be still active and should I have to go under the cap next time I file a Cap-subject H1<br> c.applying for concurrent H1b<br> d. Moving on to H4EAD and filing a H1b next April<br> e.Joining a Masters CPT college and filing a Cap-subject H-1B next year
    Answer:

    Watch the Video on this FAQ: H-1B and green card transfer from a non-profit organization to for-profit

    Video Transcript

    1. The answer is No. There is no advantage in going through for-profit or non-profit that's just irrelevant.

    2. No, non-profit or for-profit does not matter you cannot transfer I-140s, you can transfer priority dates unless your 1-140 is based upon a National Interest Waiver or an EB-1A.  Your green card can be transferred once your I-140 is approved and I-485 has been pending 180 days, then it doesn't matter what the nature of the organisation is.

    3. a.  I don't think there is any specific law on this issue. Technically, you can start working for them on receipt, but obviously you will only get a receipt if your case is picked up for the lottery. So if you have been maintaining H-1B status I believe you can start working for a cap subject employer as soon as your H-1 is picked up.

         b.  Absolutely. My guess would be if your H-1B cap subject H-1B is approved and it is not revoked till October 1st, I don't think you will be subject to a cap to work for a for-profit in the future. It shouldn't be revoked before October 1st and you should receive your change of employer. So in other words, you should get a new I-94 with the case because USCIS has been taking this position that just getting an H-1B approval does not put you over the top where you are safe from cap quota issues. They say unless you receive a change of status or go get a visa stamping till that time you are not exempt from the quota so you must also receive an I-94 which is a transfer of employer, but you can still continue working with the old employer.

        c.  Another way is applying for concurrent H-1B although it is a strange provision in the law where if you have a quota exempt H-1B as long as you maintain that without worrying about the quota you can also work on a concurrent H-1B for a quota employer.

        d. Moving to H-4 EAD is not a good idea because in June they are going to announce the revocation of the H-4 EAD regulations according to the court.

        e. Joining a Master's CPT and filing a cap yes, that's definitely an option.   

    More....

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

  11. Tuesday, 1...
    Question: Can I keep the notarized copy of my green card instead of original green card? Because I think it’s risky to carry GC all the time and have fear of it getting lost. cost and wait time for replacing GC is very high. When I will travel out of town or government buildings I can take my GC with me. But for other day to day routine travel can I keep my GC safe at home ? What is the maximum penalty I have to pay if random checked by immigration officer (very unlikely) I provide my driving license and notarized copy of GC? Is it very serious offense ? Have you seen people getting into immigration(USCIS) trouble for not carrying original GC? Do we have to do police complaint if GC is lost? If yes then can you please explain the procedure, and forms to fill.
    Answer:

    Watch the Video on this FAQ: Must I carry my green card with me at all times?

    Video Transcript

    In Trumps America I would rather not take a chance and if you look at section 264 of Immigration and Nationality Act which is codified as 8 USC section 1304,  the subsection, clearly says every alien 18 years and over shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him pursuant to subsection D. So if you don't carry your green card with you, you are guilty of a misdemeanor which means a crime and shall upon conviction for each offence be fined not to exceed a hundred dollars or be imprisoned not more than 30 days or both. More...



    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.



  12. Thursday, 5...
    Question: I wanted to know if an H-1B employee can go on Leave Without Pay (LWOP) for lets two months and still maintain a valid status? Further to the question, under what circumstances/situations can a employee working on H-1B visa take Leave of Absence for couple of months, stay in United States and not have his immigration status affected?
    Answer:

    Watch the Video on this FAQ: Leave without pay for H-1B / Status

    Video Transcript

    If you look at the Department of Labor regulations they allow employees for their convenience to take leave for things like tourism. So if you say you want to take 20 days off you could do that without losing your status, but if it is being used by the employer to bench you and them then you can be in trouble. If it is a medical leave of absence, then as long as you have a medical certificate and necessity and your leave is coextensive with the existence of that necessity I think that's ok as well. Hence couple of months are acceptable if the reasons are honest and not a pretext or an excuse to be off a project and be benched. More...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

  13. Thursday,...
    Question: I have quick question about the mystery behind 180 days staying with the Employer with whom my I-140 is approved. So my I-140 is been approved with priority date as Dec 2014 and the Notice date is Nov 2017. Do I have to wait for 180 days/ 6 Months from the Notice date of Nov 2017 so I will not loos the Priority date when I move with new employer?
    Answer:

    Watch the Video on this FAQ: The 180 rule for priority dates/H-1B extension

    Video Transcript

    Beginning January 17th  forward, some of that goes backward too, as soon as your I-140 is approved the priority date is yours even if the employer revokes the I-140 the second day or the same day so the priority date becomes yours the moment the I-140 is approved. If the I-140 gets approved and stays approved for 180 days and the employer then sends a letter to revoke the I-140 on the 181st day not only do you keep your priority date, you also maintain the right to keep extending your H-1 and I believe your wife's H-4 EAD as well even if the old employer revokes your I-140. The 180 days is the time for which the I-140 should stay unrevoked. More...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

     

     

     

  14. Tuesday, 27...
    Question: I had few questions on EB1C filing; - I am here in the US from 2015. Prior to that I was working as an Manger for the same firm in India. - I was appointed as a Principal and then promoted as a Solution Manager last year. My role involves tasks during the entire duration of a given project and as part of the project I co-ordinate with the offshore teams assigned on the project for deliverable and to assign other tasks related to the project.<br> 1. As part of EB1C filing is there a mandatory requirement that a manager should be having dedicated team members<br> 2. If 1 is yes then can we consider the offshore team members assigned per project who would be supervised to the level of getting status of tasks, providing clarifications, training them etc.<br> 3. Is there a minimum number of reports required in the US and while I was in India, and if those reports have left the organization is that Ok?
    Answer:

    Watch the Video on this FAQ: EB-1C for functional managers - overseas team inclusion

    Video Transcript

    There are two kinds of managers or executives - somebody who manages a function an essential and critical function of the corporation even though they don't manage any staff they would be considered a manager. No corporation can survive without a good pricing structure. It is a critical function of an organisation in the services business. There is another kind of manager which is a people manager, so if you are managing a team of twenty five software engineers they have to be professional employees. More...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
  15. Thursday,...
    Question: I am an international student and recently working for an organization. Please let me know what job title, position, salary, and other requirements I need to get for applying for working visa. Since my organization is really willing to help me and is ready to adjust with my position title and other things. Education: M.A Global Development and Peace, specialization - International Political Economy and Development
    Answer:

    Watch the Video on this FAQ: Which jobs can qualify for an H-1B visa?

    Video Transcript

    In this scenario I can't say that your job requires the degree that you have. For instance, if you were a research assistant who basically worked on international political economy and development issues that would be an H-1B job. So it should be clear from the job and that you can't do this job without this kind of a degree.  More...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

  16. Tuesday, 20...
    Question: 1. While I am moving my H-1 New Employer B, What if something goes wrong during H-1 transfer or after that in GC processing with new employer like RFEs etc comes up, can I move back to employer A if employer A is willing to take me back. Does AC 21 portability rule applied to my case also? Since I have not filed I-485 yet, as per my understanding this rule does not apply to me. While my GC is in process with new Employer B and I am in waiting mode for I-140 approval with new employer, What will happen if my time to extend H-1 petition comes up. <br> 2. Can I still extend my H-1 with new Employer even if I-140 with new employer is in process and not yet approved. Can I use my old Employers approved I-140 to extend my H-1 in this situation.
    Answer:

    Watch the Video on this FAQ: If H-1B transfer is denied, can I go back to my old employer? When does AC21 job portability

    begin? Can H-1B be extended through a new employer while I-140 is in process?

    Video Transcript

    1. You can apply for an extension based upon two reasons either the first year anniversary of your green card filing that your PERM was filed a year ago or based upon I-140 approval. So, yes you can file for a one year extension if PERM was started a year ago.

    2. The answer is yes, as long as one of the two things exist. Either the I-140 has not been revoked in that case you can use it for extensions or the I-140 was revoked by the old employer, but after 180 days of approval in both cases you can extend your H-1 through some other employer like employer B even while employer B's own I-140 is still in process. More...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

  17. Tuesday, 20...
    Question: I was on H1 before completed all 6 years on it and converted to H4 and working on H4 EAD now. With latest court update, USCIS may decide to end H4 EAD program or stop new applications in next few months( we still do not know the final outcome). My EAD expires in November 2018 which leaves me no option of applying renewal before May 2018 ( 180 days clock). If this EAD goes away will I be able to file fresh H1 in April 2019 ? If in next couple of months, my spouse decides to switch Job based on his approved I-140 then my H4 will also need to transfer/extend. At the same time, will I able to extend my EAD at that time or I still have to wait to fall under 180 days expiry clock based on my current November 2018 EAD expiration date.
    Answer:

    Watch the Video on this FAQ: H-4 EAD termination and converting to H-1B

    Video Transcript

    If you have already completed six years you cannot go back to H-1 unless you leave the United States for at least one year or unless you start a green card. Then you would be able to apply for an H-1 extension based upon either the first year anniversary of the filing or I-140 approval, whichever comes first you have to fall under the 180 days. A mere change in jobs doesn't allow you to reset the period for yourself.  More...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

  18. Thursday,...
    Question: My question is about switching from an H-1 to F-1 visa. My six years of H-1 expires in March 2018. I have received an offer for a Phd. at Stanford (starting Aug. 2018) that happens to be one of my dream universities. My employer applied for a PERM back in August 2017, it has not been approved yet. Does the filing of PERM interfere with getting an F-1 visa. I know you’ve answered this question in the past regarding an I-140 and I understand that my chances with just a PERM are slightly better ?
    Answer:

    Watch the Video on this FAQ: Change of status to student F-1 while green card is in process

    Video Transcript

    Yes, obviously you can try. I think what happens is when you are going to a good school, chances are government will accommodate and they will allow you to go back on F-1 because it is definitely a promotion path a career progression for you. I can't predict if the government will be reasonable or not, but reasonableness would require that they allow you to convert to F-1. Under the Trump administration I do not know how things are going to work out, but as far as predicting your chances are concerned I think you certainly have a shot. More...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

  19. Thursday, 8...
    Question: You stated : "The Form N-470 must be filed before the person departs from the United States except religious workers who may apply before or after departure, or after return to the United States. The religious workers are not required to have lived in the United States for a specific period of time prior to the filing of N-470. Similar exception is granted to alien members of the U.S. Armed Forces. In such cases the LPR employee who filed N-470 is considered physically present in the US during such employment abroad and does not need a reentry permit."<br> Does that mean a religious worker does not have to spend a full one uninterrupted year of physical presence in the US? If a religious worker can apply any time and once approved, all time spent outside of the US will be counted towards his naturalization qualification, it means that religious worker doesn't need to be physically present for a full year at any time prior to applying for his/her citizenship, correct?
    Answer:

    The law says:

    1. Generally, you must have been physically present and residing in the United States for an uninterrupted period, without any absences, for at least one year after your admission as a lawful permanent resident before you can file Form N-470.

    2. You do not have to be in the United States to file Form N-470, but you must file it before you have been absent from the United States for a continuous period of one year.

     

    Religious Workers Exception to the One Year Absence Requirement

    Religious workers may apply:

    1. Before departing from the United States;

    2. After departing from the United States; or

    3. After returning to the United States.

    Religious workers are not required to have lived in the United States for a specific period of time prior to filing Form N-470.

  20. Wednesday,...
    Question: 1. What documents do I need to travel outside the United States?<br> 2. What documents do I need to present to reenter the United States?<br> 3. Does travel outside the United States affect my permanent resident status?<br> 4. What if my trip abroad will last longer than 1 year?<br> 5. What if I lose my green card or reentry permit or it is stolen or destroyed while I am temporarily traveling outside of the United States?
    Answer:

    1. In general, you will need to present a passport from your country of citizenship or your refugee travel document to travel to a foreign country.  In addition, the foreign country may have additional entry/exit requirements (such as a visa).  For information on foreign entry and exit requirements, see the Department of State’s webpage.


    2. If seeking to enter the United States after temporary travel abroad, you will need to present a valid, unexpired “green card” (Form I-551, Permanent Resident Card). When arriving at a port of entry, a U.S. Customs and Border Protection Officer will review your permanent resident card and any other identity documents you present, such as a passport, foreign national I.D. card or U.S. Driver’s License, and determine if you can enter the United States.  For information pertaining to entry into the United States, see U.S. Customs and Border Protection’s webpage.


    3. Permanent residents are free to travel outside the United States, and temporary or brief travel usually does not affect your permanent resident status. If it is determined, however, that you did not intend to make the United States your permanent home, you will be found to have abandoned your permanent resident status.  A general guide used is whether you have been absent from the United States for more than a year. Abandonment may be found to occur in trips of less than a year where it is believed you did not intend to make the United States your permanent residence.  While brief trips abroad generally are not problematic, the officer may consider criteria such as whether your intention was to visit abroad only temporarily, whether you maintained U.S. family and community ties, maintained U.S employment, filed U.S. income taxes as a resident, or otherwise established your intention to return to the United States as your permanent home. Other factors that may be considered include whether you maintained a U.S. mailing address, kept U.S. bank accounts and a valid U.S. driver’s license, own property or run a business in the United States, or any other evidence that supports the temporary nature of your absence.


    4. If you plan on being absent from the United States for longer than a year, it is advisable to first apply for a reentry permit on Form I-131. Obtaining a reentry permit prior to leaving the United States allows a permanent or conditional permanent resident to apply for admission into the United States during the permit’s validity without the need to obtain a returning resident visa from a U.S. Embassy or Consulate abroad.  Please note that it does not guarantee entry into the United States upon your return as you must first be determined to be admissible; however, it will assist you in establishing your intention to permanently reside in the United States.  For more information, see the “Travel Documents” page. 

    If you remain outside of the United States for more than 2 years, any reentry permit granted before your departure from the United States will have expired. In this case, it is advisable to consider applying for a returning resident visa (SB-1) at the nearest U.S. Embassy or Consulate. An SB-1 applicant will be required to establish eligibility for an immigrant visa and will need a medical exam.  There is an exception to this process for the spouse or child of either a member of the U.S. Armed Forces or civilian employee of the U.S. Government stationed abroad on official orders.  For more information on obtaining a returning resident visa, see the Department of State’s webpage on returning resident visas.

    Additionally, absences from the United States of six months or more may disrupt the continuous residency required for naturalization.  If your absence is one year or longer and you wish to preserve your continuous residency in the United States for naturalization purposes, you may file an Application to Preserve Residence for Naturalization Purposes on Form N-470. For more information, please see the “Continuous Residence and Physical Presence Requirements” page.

     

    5. If you lose your green card or reentry permit or it is stolen or destroyed while you are abroad, you may need to file a Form I-131A, Application for Travel Document (Carrier Documentation).  This carrier documentation will allow an airline or other transportation carrier to board a lawful permanent resident bound for the United States without the carrier being penalized.  For more information, please see the Form I-131A, Application for Travel Document (Carrier Documentation) page.

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