RickT

Can you tell me whether the in-country US residence requirements for green card holders (including 2-year conditional ones) have been tightend up since this message was posted in 2005? My wife and I were informed at the end of our green card interview that she cannot be out of the US for more than 5 months in any given year, and that extended absences exceeding 5 months could jeopardize her green card and reentry into the country. Following the interview, I researched reentry permits (I-131) on line but the instructions did not site the stricter residence requirement and instead asserted (as this poster did in 2005) that generally for absences of less than 12 months it is unnecessary to apply for a reentry permit. Can someone tell if whether in fact the rule has changed, where the rule change is documented, and whether and how it is being enforced? thanks, rickt ---------------- Legal Keeping Your Green Card While Traveling Jul 1, 2005 by Nelson Suit An immigrant who has obtained permanent residence in the U.S. should understand that, in spite of its name, permanent residency may not be "permanent." There are a number of events that can result in the termination of such status. I want in this column to discuss one of those events: the possibility that an immigrant could be seen as having abandoned the green card when traveling. Generally, if a green card holder does not travel outside the U.S. for more than 12 months, the question may not be raised. Also, if a green card holder does intend to be out of the country for more than 12 months for a specified purpose of limited duration (such as employment abroad), the green card holder can apply for a reentry permit prior to leaving the U.S. Finally, for traveling outside the U.S. for more than 12 months, as noted above, the green card holder should apply for a reentry permit. The permit is applied for by using Form I-131 that can be obtained from the U.S. Citizenship and Immigration Services (USCIS) website. The reentry permit is generally valid for a two-year period. The Form I-131 requires basic background information of the applicant as well as information relating to the purpose of the trip and expected departure date and duration. Thus, the intent of the trip can be documented on the reentry permit application. The applicant should include a copy of the green card and a filing fee of $165 with the application form. The form is filed with the USCIS Nebraska Service Center. Nelson Suit抯 office is at 77 Franklin St., 3rd Floor, Boston, MA, 02110; (617) 542-3333 or (617) 542-3323. Suit has practiced law for over 10 years and graduated from Harvard Law School and Yale University.

Can you tell me more about the appointment for biometrics testing? On the receipt form for the AOS application it stated that the next step would be a biometrics appointment to include electronic finger printing/and or photos, and that an appointment date, time, and place would be sent to us. Problem is my wife, who has a K-3 visa that entitles her to multiple entry travel, is currently in China fulfilling a contract to teach middle school for this academic year. Will she be required to make a separate trip back to the U.S. just for the biometric testing? She did have biometric testing done in Guanzhou as part of the K-3 interview process. Can further biometric testing be waived or done on same day as AOS interview. The latter would enable her to make only one trip back to the U.S. Appreciate any advice ... Rick T.