Legal Question in Immigration Law in California

My wife from the Philippines recently received her conditional permanent status (green card). We also have a home in the Philippines and she wants to return for about 5 months while I am working a summer job. We also have a home there.

I was told she could leave the USA for up to 1 year without losing her permanent status. Her cousin is telling her that she will have problems renewing her green card if she leaves for more than a month or two.

How long can she go for without creating problems ?

Thank you,

Billy Ogden


Asked on 4/14/14, 1:28 pm

1 Answer from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

Technically, she will not need a Re-entry permit unless she is going to be outside the country for 6 months or more. However, to be safe, she might want to consider applying for one for this upcoming trip anyway.

See: uscis.gov and click on the "forms" link, then click on "I-131".

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Answered on 4/14/14, 3:09 pm


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