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What is our best choice?

Los Angeles, CA |

My husband and I got our permanent residency in 2010. We have been working in the US since then and have never left the country. However, now my husband wants to go abroad on a business trip and may stay away from the US for quite sometimes. I, however, will remain in the US working. As my husband is the primary applicant, we would like to know
1) how long can my husband stay away from the US without jeopardizing our PR and our chances to converting to US citizenship.
2) can my husband stay over one year as long as im in the US?
3) In addition, if the both of us were to leave the US, how long can we be away before the immigration will start giving us a hard time?
4) What documents do we need to bring with us if we plan to leave the US (need for re-entry)?
5) Is my application for US citizenship contingent on my husband as he is the primary applicant?

Attorney Answers 3

  1. 1. However long he would be staying, it would only jeopardize his PR status and citizenship, not yours. Staying longer than 6 months might create some problems if the stay is less than a year.
    2. Staying longer than a year but less than 2 years will inevitably create serious and most of the time not overcome-able problems if reentry permit had not been secured, and might still create problems even if it was. All of these for him of course, not for you.
    3. Same as 2. but this time it would apply to you as well as him.
    4. read 2. carefully.
    5. Nope. Not at all.

    The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.

  2. 1. Just under 6 months without a re-entry permit. 2. No, you are not tied to each other. Again, he wants a re-entry permit. 3. A day under 6 months without a re-entry permit. 4. A re-entry permit. 5. No.

    The answer provided is general in nature and should not be construed as legal advice as not all facts are know by the attorney, nor does the answering of this question create an attorney client relationship.

  3. I agree with my colleagues. In addition, see the link below regarding re-entry permits.

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