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Applying for a green card renewal earlier than 6 months.

Wichita, KS |

My parents are lawful permanent residents, they have their green card expiring in the march of 2014, but they have to leave the US in august 2013 for disposal of left over property abroad, the trip might take 10-11 months, is it possible that they can apply for a green card renewal now before they leave which is about 9 months earlier to when the green card expires and get their application/biometrics process done, so that they wouldn't have to rush back say in jan or feb of 2014 for the said renewal. Thank you.

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Attorney answers 3

Best Answer
Posted

The more important question is if they plan to be outside the US for 10-11 months, they need to worry about maintaining their green card status and not abandoning their status since they are out of the US for more then 6 months. They have to apply for a re-entry permit 90 days prior to their planned extended departure from the US as LPR's to be able to maintain and retain their green cards. On the renewal issue of their green cards, if their green cards expire in March 2014, aren't they eligible for naturalization at this stage? That may be the better option. The fingerprint notice comes pretty early now, a few weeks after applying especially if you apply online for a renewal. Once a receipt is issued, they can also apply for a stamp in their passsport with USCIS as a temporary extension of their I-551 Green Card while the renewal process is pending.

Asker

Posted

Thank you for your detailed response. Naturalization is a time taking process, and since they have to leave by august, it might not get done in due time, they could file for a re-entry permit before they leave, the only issue here is even if they have a valid re-entry, which is good for 2 years i believe, they still would have to come back within 3-4 months for the green card biometrics, which would be really difficult considering their trip is supposed to take more than that. Should they apply for a green card renewal and re-entry permit together before they leave in august? Thank you again for your concern. Regards.

Posted

No. They can seek reentry permit instead.

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Posted

I share Mr. Calehr's concern ... a 10 month trip is not, I repeat NOT a good idea.

Although Mr. Segal is also correct, a Re-entry permit will help ... I suggest filing for naturalization.

In that way they can travel on US passports and not 'lose' the residence they've accumulated ... which will happen if they take a trip of over 6 months.

Meet with an attorney before doing anything.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- 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.

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