Pros and Cons of obtaining Green Card and then returning to UK for a spell?
 

Hi,
I wonder if anyone has any advice/information on the best course for me.
Some of you know that I am hoping to come to US with my American husband and my two daughters this summer. We are filing DCF through London but have already had to postpone the interview from Nov 2005 until early Spring 2006 since we did not want to travel to the States until August 2006 (after school finishes here).
Unfortunately my mother's health had taken a definite turn for the worse in recent weeks and I am now wondering whether to go ahead with the Visa and everything as planned and then return to England to help care for her as necessary.
Or should I delay the Visa application once more - effectively shelving it and starting all over again from scratch when things are more 'settled' here? If we don't move over this year, then I will probably want to wait for two more years as my youngest will be starting on her GCSE's in September:(
How long can I (and the children?) be outside of the US but retain our respective green cards?
What if we came to the States to obtain our green cards in the summer but then came home again. For how long could we remain in England without penalty?
As you can imagine, my head is spinning right now! I have no idea what to do for the best.
Any words from experience would be appreciated!
Thank you.

Re: Pros and Cons of obtaining Green Card and then returning to UK for a spell?
 

Hi,

I just wanted to say so sorry to hear about your mom's health. I've had my own family crisis to deal with this year, so my thoughts are with you now.

My personal opinion is that you come to the USA to activate the green card, apply for a reentry permit (form I-131), and then travel to UK as necessary. I don't know the answer as to how long you can be gone, but if you have valid reasons, I believe up to 2 years is OK on the reentry permit.

HUGS,
Rene

Re: Pros and Cons of obtaining Green Card and then returning to UK for a spell?
 

Sorry to hear about your problems. You really would be better speaking to an immigration attorney who could advise you.

USCIS have a little to say here:

http://uscis.gov/graphics/howdoi/PermRes.htm#maintain

Re: Pros and Cons of obtaining Green Card and then returning to UK for a spell?
 

All a reentry permit does is prevent the CIS from using the amount of time spent outside as the only factor in an abandonment analysis. If there are other factors present indicating abandonment, they can still find abandonment even if someone has a reentry permit.

Abandonment analysis is quite fact specific, and even with a proper consultation to identify any relevant factors, all that could be given (as to whether or not its likely the CIS might find abandonment) would be an educated guess.

Re: Pros and Cons of obtaining Green Card and then returning to UK for a spell?
 

Awww....they have a really tough decision ahead of them, then. :(

Rene

Re: Pros and Cons of obtaining Green Card and then returning to UK for a spell?
 

As Attorney Udall said, how Rentry Permit is handled at US entry point is complicated and case specific.

For example, check out the web, 2004, on an LPR entering with reentry permit
http://caselaw.lp.findlaw.com/data2/...th/033771p.pdf

Re: Pros and Cons of obtaining Green Card and then returning to UK for a spell?
 

Thanks for the replies!
Head is still spinning - I think a family conference is needed at this end!
Worst case scenario - if I had to come back for a couple of months, would the girls be allowed to remain in USA without me? (Not my first choice, obviously, but an option perhaps?)

Re: Pros and Cons of obtaining Green Card and then returning to UK for a spell?
 

Will the girls be living with a family member in the US, besides you?
If they have their own Green Cards, they are not tied to you in any way; if they have someone to care for them in the US, why couldn't they stay without you?