1. Can I (a temporary green card holder) go home to Russia with my US citizen daughter for 5 or 6 months, for example in June 2016 and get back to USA in November 2016 and then in January 2017 go to Russia again for 5-6 months? Or I have to be in USA 6 months since November and only after that I can leave the country again for 5-6months?
2. Should/can I leave USA and go home to Russia for 6 months while my divorce with my US citizen husband is in process? Or it is better to stay in the country? Why?
3. My US citizen baby (9 months) has a US passport. Do I need any signature from my husband/ex husband to take my daughter with me to travel abroad for 6 months or it's not required and I can take her with me without any problems?
4. After divorce we will have shared custody. But I want to move with my daughter to other state while my ex husband stays to live in his state. Is it legal? What problems can I have or that's ok?
1. If your pattern of travel shows that the U.S. is no longer where you live, you risk losing your permanent residency. 2. It's your choice.3. Yes. 4. Those are questions for your family law attorney.
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.
It is important to show that you are maintaining your permanent residency and prolonged and repeated trips outside of the US can disrupt that and cause a negative inference to be drawn. Consult with an attorney for more information.
This information is for informational and educational use only and does not establish an attorney-client relationship.
You really need to have a consultation with two attorneys irnine who practices both immigration and family law. First, you need to consult an immigration attorney to discuss your maintenance of permanent residence, your reasons for intended extended absences, the type of permanent residence you have, the way in which you gained permanent residence and what you may do to help retain your permanent residence if you intend to have prolonged absences. At the same time, you need to have a family attorney review your divorce case, discuss your ability to have sole custody or joint custody of your daughter, help determine if you have alimony issues especially if your USC spouse sponsored you, and to determine whether you may leave the state or country with you daughter or if that would raise an international abduction issue. These questions are far too detailed than a general information online inquiry could possibly address.
By temporary Green card holder do you mean a conditional green card holder?
1. you have not travel outside the US for more than 180 days consecutively. For US citizenship you must be in the US for more than 1/2 of the required resident time period.
2. You should talk with a US immigration attorney directly to discuss
3. You will need authority to take a child from the US. You should discuss with a domestic relations attorney
4. You will need authority to take a child from the US. You should discuss with a domestic relations attorney
Attorney Robert Brown's (former INS Director, 1972-99) reply to your question is general in nature, and does not constitute legal advice as all facts are known to him. For specific advice or representation you should retain an attorney experienced in immigration law. Mr. Brown's reply on AVVO does not create an attorney/client relationship not constitute legal advice.
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