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Please reply...I-751 and stay out of USA

Please reply...I-751 and stay out of USA

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Old Oct 27th 2003, 7:54 pm
  #1  
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Default Please reply...I-751 and stay out of USA

Hi everybody,
I have a question regarding I-751… I have to file my I-751 for removal of conditions on my PR in March but due to family reasons I need to go to my home country and probably will have to stay for 6-7 months out of USA.
1. Is there any risk regarding I-751 ?
2. Can I still file joint petition for removal of condition while not being in USA?
3. What precaution should be considered if I have to leave?
Thanks for stopping by and reading my post. POROXOD
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Old Oct 27th 2003, 11:09 pm
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Default Re: Please reply...I-751 and stay out of USA

It's a bit shocking. Till now there are 48 viewer but no reply...need ur help....
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Old Oct 28th 2003, 12:10 am
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Default Re: Please reply...I-751 and stay out of USA

Originally posted by poroxod
Hi everybody,
I have a question regarding I-751… I have to file my I-751 for removal of conditions on my PR in March but due to family reasons I need to go to my home country and probably will have to stay for 6-7 months out of USA.
1. Is there any risk regarding I-751 ?
2. Can I still file joint petition for removal of condition while not being in USA?
3. What precaution should be considered if I have to leave?
Thanks for stopping by and reading my post. POROXOD
Hey there!!
I have no clue.. but this will bump up your post .. Hopefully someone here can help you out!!
Good Luck!!
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Old Oct 28th 2003, 2:12 am
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Default Re: Please reply...I-751 and stay out of USA

There would be no problem as such as far as you are legally married. And as far as you come back and attend your interview with your spouse.

I am no lawyer but as far as commonsense goes, there are no restrictions to travel anywhere anytime if you are on a conditional residence.

R
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Old Oct 28th 2003, 3:43 am
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Default Re: Please reply...I-751 and stay out of USA

poroxod,

1. There is always a risk. The question is, how big a risk.
2. If you mean can you mail an I-751 to a service center - sure, you can mail it.
3. You might want to think about applying for a re-entry permit. 6-7 months is a long time - the BCIS or BICE could decide that you have abandoned you permanent residency, or not. Or if you get held up and are out of the country for more than 1 year they will definitely decide that you have abandoned you permanent residency.

For a real answer, consult an experienced immigration attorney, not a news group.

Regards, JEff

Originally posted by poroxod
Hi everybody,
I have a question regarding I-751… I have to file my I-751 for removal of conditions on my PR in March but due to family reasons I need to go to my home country and probably will have to stay for 6-7 months out of USA.
1. Is there any risk regarding I-751 ?
2. Can I still file joint petition for removal of condition while not being in USA?
3. What precaution should be considered if I have to leave?
Thanks for stopping by and reading my post. POROXOD
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Old Oct 28th 2003, 7:55 pm
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Default Re: Please reply...I-751 and stay out of USA

poroxod wrote:

    > Hi everybody,
    >
    > I have a question regarding I-751… I have to file my I-751 for
    > removal of conditions on my PR in March but due to family reasons I
    > need to go to my home country and probably will have to stay for
    > 6-7 months out of USA.

When do you plan to stay out of the US?

    > 1. Is there any risk regarding I-751 ?

Not if you don't abandon residence...

    >
    > 2. Can I still file joint petition for removal of condition while not
    > being in USA?

The petition is mailed. As long as you actually reside in the US, it
shouldn't matter where it is mailed from.


    > 3. What precaution should be considered if I have to leave?

Maintain your residence, etc.
Seek the advice of an ATTORNEY
If you care about qualifying for citizenship in the near future, keep it
to under 6 months.
 
Old Oct 28th 2003, 8:36 pm
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Default Re: Please reply...I-751 and stay out of USA

thanks to all of you...anybody else who can reply....pls...thanks
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Old Oct 29th 2003, 4:05 pm
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Default Re: Please reply...I-751 and stay out of USA

"Up" ^
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Old Oct 30th 2003, 11:21 am
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Default Re: Please reply...I-751 and stay out of USA

^
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Old Oct 30th 2003, 1:11 pm
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Default Re: Please reply...I-751 and stay out of USA

Originally posted by poroxod
^
You need to speak to an attorney. This issue is too difficult for a layman.
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Old Oct 30th 2003, 2:51 pm
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Default Re: Please reply...I-751 and stay out of USA

Originally posted by DCMark
You need to speak to an attorney. This issue is too difficult for a layman.

You could or should, simply schedule a half hour consult either by phone or in person with an immigration attorney. Those are usually fairly reasonable pricewise, and certainly worth it for the peace of mind AND answer to your question!
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Old Oct 30th 2003, 11:40 pm
  #12  
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Default Re: Please reply...I-751 and stay out of USA

thanks cindyabs .... poroxod
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Old Oct 31st 2003, 12:08 am
  #13  
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Default Re: Please reply...I-751 and stay out of USA

thanks cindyabs .... poroxod
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Old Oct 31st 2003, 9:30 am
  #14  
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Default Re: Please reply...I-751 and stay out of USA

Originally posted by poroxod
thanks cindyabs .... poroxod

I asked a friend recently about question two (I am not but she is an immigration attorney).

She said that an I-751 can be filed regardless of whether you are physically present in the United States at the time that you file. However you must return to the United States with your spouse and your children in order to comply with the interview requirement.

Hope that this may be helpful.
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Old Oct 31st 2003, 1:22 pm
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Default Re: Please reply...I-751 and stay out of USA

Thanks a lot lairdside...! I appreciate it....!!!
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