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We are green card holders. My wife will be leaving US for about 6 mths to try to undergo IVF (we are trying to have children)..

Nashville, TN |

...depending on the number of cycles needed, it may be more than 6 mths,... I will be flying perhaps once a mth for a week. Believe it or not, this is cheaper than having it done here in the US. Would we be able to provide documentation to prove this so my wife is not seen as 'abandoning' her residency?

Attorney Answers 4


  1. No problem. She should obtain a Re-Entry Permit before she leaves the US.

    Please click the link at the very bottom for additional information.

    ---------
    Carl Shusterman, Esq.
    Former INS Trial Attorney (1976-82)
    Board Certified Immigration Attorney (1986 - Present)
    Schedule a Legal Consultation - Telephonic, Skype or In-Person
    https://shusterman.com/intake-secure.html
    600 Wilshire Blvd., Suite 1550
    Los Angeles, CA 90017
    (213) 394-4554 x0
    Web: www.shusterman.com (English)
    www.inmigracion-abogado.com (Spanish)

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


  2. Obtaining a re-entry permit is very smart and will go a long way in proving you never intended to abandon. Also, be sure you maintain strong ties to the U.S. as you may be questioned about your residency notwithstanding the reason for your wife's being abroad and the strong proof you have of the temporary nature of your travel.

    Kindly note that this posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Remember, this site is akin to an internet blog. Do not rely on information here to make important decisions in your life. Make an appointment to meet with a licensed attorney in his or her office (or via Skype or phone) to obtain competent personal and professional guidance -- Khurgel Immigration Law Firm -- Representing Clients in all 50 States and Worldwide / 4199 Campus Drive, Suite 550 / Irvine, CA 92612 / Office: (949) 509-6515 / Direct: (949) 535-6331 / Web: www.khurgel.com / Email: info@khurgel.com / Attorney Khurgel is a former USCIS and Department of State Embassy Officer.


  3. Keep in mind that staying outside of the US for more than 6 months could result in her 'breaking' continuous residence in the US for citizenship/naturalization purposes.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- franco@capriotti.com -- www.capriotti.com -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


  4. yes. Up to a year, she will be fine.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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