Legal Question in Immigration Law in Massachusetts
Removing Conditional Residence Status Outside the US
I am leaving the country this August on a four-year contract before the 90-day period to remove my conditional residence status (I obtained the Green Card through marriage). My conditional Green Card expires at the end of November 2008. I am not sure what to do. I won't be in the US to file I-751, there seems no point in filing I-131 since it will only be valid until my conditional residence expires, i.e. Nov 2008. What can or shall I do?
Thank you in advance for your advice.
2 Answers from Attorneys
Re: Removing Conditional Residence Status Outside the US
You may file it while outside the U.S. using your US residence of record. However, you may need to return to the U.S. if for some reason an interview is required.
Re: Removing Conditional Residence Status Outside the US
If you wish to preserve your legal permanent resident status, you should make sure to file your I-751 on time, even if you are abroad, but you should also comply with residency requirements. As pointed out, you may need to return to the USA for any appointments (biometrics, interview). It will also be problematic for the preservation of your status your extended absence for four years. Typically, a re-entry permit is valid for only two years from the time of issuance, or to the date the conditional resident must apply for removal of conditions. How did you obtain your permanent residency? It could be possible for your to re-apply for legal permanent resident status the same way as you did before once you are ready to live permanently in the USA. Feel free to contact me if you would like to discuss your case further. Good luck!
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