I 751 Question

[clearbluesky]

Hello everyone,

 

Its been while since we visited this site.. AFter receiving her Visa, we have travelled to US, lived there for while, but with economic downturn, we have moved back to Beijing few months ago.

 

But her CR-1 GC is expiring next Feb, and we have to apply for I751 soon, We are wondering if we can apply while we are in Beijing or we had to go back before her GC expires.

 

Even if we mail in I751 application and wait here in Beijing for the biometric appointment to return, her GC will expire and will not be able to reenter,

 

Does anyone know if once I751 is sent, if they give any type of temp card giving valid status even after CR1 GC expires.

 

Thank you so much for all your help..

 

Sincerely,

[dnoblett]

You say "MOVED back to Beijing"? This implies moving to another country with intentions to reside there, this can be grounds for abandonment of LPR status.

 

Abandoning Permanent Resident Status

 

 

You may be found to have abandoned your permanent resident status if you:

• Move to another country intending to live there permanently
   
  
• Remain outside of the United States for more than 1 year without obtaining a reentry permit or returning resident visa. However, in determining whether your status has been abandoned, any length of absence from the United States may be considered, even if less than 1 year
   
  
• Remain outside of the United States for more than 2 years after issuance of a reentry permit without obtaining a returning resident visa. However, in determining whether your status has been abandoned any length of absence from the United States may be considered, even if less than 1 year
   
  
• Fail to file income tax returns while living outside of the United States for any period
   
  
• Declare yourself a “nonimmigrant” on your tax returns
  

http://www.uscis.gov/portal/site/uscis/men...00082ca60aRCRD#

 

Yes I-751 can be filed while out of country, the receipt letter acts as a 1 year extension of LPR status, you use the letter and expired card to re-enter the USA. Biometrics will be at a USCIS office near your USA address.

 

A green-card is for residency in the USA, it is not a "Permanent Visa" for visiting the USA and living elsewhere.

Edited October 14, 2009 by dnoblett (see edit history)

[Randy W]

What address will you show on your application? How long have you been gone?

 

Do you have a re-entry permit?