I have a green card and i am currently in UAE for family issues and i am going to pass the 6 months period for out of control circumstances, can i go to the USA embassy and apply for the travel document that allows me to stay outside for longer time?
Or i have to be in the USA to apply for it?
1. "........can i go to the USA embassy and apply for the travel document that allows me to stay outside for longer time? " Not a good idea at all.
2. " Or i have to be in the USA to apply for it? " Yes. Make arrangements to travel back ASAP. Any stay outside the country of 6 months or more - with or without a Reentry Permit - doesn't really matter - brings about the presumption of your having in fact "interrupted" and "abandoned" your physical presence and most importantly, continuous residency and could place your LPR status in danger.
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 26 years of successful immigration law experience. The answer above is only general in nature and cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
Permanent residents who know they will be out of the country for a long time before they leave the U.S. often apply for a reentry permit before leaving. Reentry permits can only be applied for while you are in the U.S. and cannot be applied for abroad. But they are not absolutely necessary to reenter the U.S. unless you are out of the U.S. for a continuous period of over a year. If it is less than that, you can reenter with just your green card, but if you have been out over six months then there is a good chance you will be questioned more extensively on your return about whether you abandoned your residence. You would want to bring with you when you return documentation that unanticipated circumstances beyond your control caused you to stay out of the U.S. beyond six months and that you have otherwise maintained your residence. I would strongly recommend having a formal consultation with a good immigration lawyer to discuss what evidence you can use to show maintenance of residence during an extended stay abroad. You can also, as has been suggested, plan to return before six months have passed and then apply for a reentry permit when you return if that is feasible for you. If, however, your stay is going to last beyond the one-year mark and there is no way for you to return to the U.S. before then, you would need to apply for a returning resident visa from the U.S. embassy abroad and would need to convince them that you did not intend to abandon your residence when you stayed out of the U.S. for so long. I would strongly recommend you hire a good immigration lawyer to help you with that process.
One must be in the US to file for a reentry permit. But one can file, get printed and return abroad while the application is pending.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.
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