katnap8

Hi,

My husband and I are moving to his hometown in the UK later this year. He received a conditional residence card in the US through marriage earlier this year. He is not eligible to apply for the 10 year permanent residence card until October 2005. I know we have to start the immigration process again if and when we return to the States to live. My question is, who do I notify to let them know we're leaving? Do I send a letter to the service center where they processed his fiance visa paperwork, or do I send a letter to our local office where he adjusted status. I know most of you seem to be moving over from NZ or Australia, but perhaps anyone going over from the US, may be able to help. Thanks in advance.

Kat

Duncan_BC

From the US site: www.ins.gov page http://uscis.gov/graphics/howdoi/PermRes.htm

International Travel
A Permanent Resident of the United States can travel freely outside of the US. A passport from the country of citizenship is normally all that is needed. To reenter the US a Permanent Resident normally needs to present the green card (Permanent Resident Card, Form I-551) for readmission. A reentry permit is needed for reentry for trips greater than one year but less than two years in duration.

You can find more information about travel documents from "How Do I Get a Travel Document?"

Maintaining Permanent Residence
Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

You may be found to have abandoned your permanent resident status if you:


Move to another country intending to live there permanently.
Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
Fail to file income tax returns while living outside of the US for any period.
Declare yourself a “nonimmigrant� on your tax returns.
Naturalization
Many Permanent Residents of the United States have the ultimate goal of becoming a US citizen. Naturalization is the primary method for most persons not born as US citizens to obtain that status. Under current law naturalization is done by the federal and state courts and in an administrative proceedings. Once a permanent resident completes the necessary residence and physical presence requirements (which vary in certain cases), an application for naturalization can be filed with Immigration. This starts a review of the person’s basic eligibility, criminal and security histories, and then leads to testing of the person’s English language abilities, knowledge of the history and form of government of the US, and good moral character. Complete information on naturalization can be obtained on our Naturalization page.

As a naturalized US citizen you have the same rights and privileges as a native born US citizen with one exception. Only a native born US citizen can be president of the United States. As a US citizen you can petition for your parents and siblings to immigrate to the US. Your spouse and children (unmarried and under 21 years of age) qualify for immediate relative classification for immigration purposes, which means they do not have a waiting list to immigrate (like the spouse and children of a Permanent Resident) and can do so as fast as the paperwork can be processed.

Permanent Resident Card
The Permanent Resident Card, Form I-551, is issued to all Permanent Residents as evidence of alien registration and their permanent status in the US. The card must be in your possession at all times. While that does not require that you have on your person at all times, it does require that you have a currently valid card and that you know where it is and can show it to an immigration officer, if requested. The Permanent Resident Card currently is issued with a 10-year validity. You status as a Permanent Resident does not expire with the 10-year validity. Only the card expires. The card is only valid up to the expiration date and must be renewed before it expires.

A Conditional Permanent Resident is issued a card valid for two years. In order to remain a Permanent Resident, the Conditional Permanent Resident must file a petition to remove the condition during the 90 days before the card expires. The conditional card cannot be renewed. The condition must be removed or you lose your permanent resident status. (See Form I-751 and Form I-829.

The Permanent Resident Card (either unconditioned or conditioned) can be used to prove employment eligibility in the US when completing the Form I-9 for a new employer. It can also be used to apply for a Social Security Card and a state issued driver’s license. The card is valid for readmission to the United States if the trip was not greater than one year in length. If a trip will last longer than one year, a reentry permit is needed.

-- The reentry permit page
http://uscis.gov/graphics/formsfee/forms/i-131.htm

Good luck with your move.
VR

katnap8

Hi Duncan_BC

Thank you for the information, it's very helpful.

Cheers,

Kathleen