Legal Question in Immigration Law in New Jersey

Immigration

My husband received his green card through employment and I got mine as his derivative in January, 2008. When we got green cards, my husband's parents got ill and he accepted a job in our home country and left the US, while I remained in the US.

My husband has been out of US for 6 months and does not want to come back to the US. He did not file for the reentry permit form 1-131 because his green card actually arrived several days after he left the US.

My questions are:

1. If he loses his status as a permanent resident, is that going to affect my status? Am I going to lose my status as a permanent resident because I was a derivative beneficiary of the immigration petition?

2. He wants a divorce from me. In that case, is that going to affect my status as a permanent resident?

3. For reentry permit does he physically need to be in the US to be able to file for it?

4. If he has to be in the U.S., can he file for the reentry permit in any of the U.S. territories such as Guam using the address on file (which is my address)?

5. Reentry permit requires biometrics to be taken. Does he have to get his biometrics taken in the state of my address? Can he get them in U.S. embassies or in other U.S territories?

Thanks.


Asked on 7/01/08, 6:49 pm

1 Answer from Attorneys
Sameer Kumar Law Offices of Sameer Kumar, P.C.

Re: Immigration

Let's look at this from one perspective. If you have your permanent green card (which means for 10 years) then you should be absolutely fine. It does not matter whether your husband maintains his or not.

If you two intend to remain together and you are concerned about how to bring him back here since he did not apply for his re-entry permit then I would recommend that we speak do discuss your options as that is a bit more complex.

Read more
Answered on 7/01/08, 7:01 pm


Related Questions & Answers

More Immigration Law questions and answers in New Jersey