Travel Frequency Restrictions?

[Benanza]

Hi there!

Firstly, thank you to all who kindly support newcomers. This is such a lengthy process!

 

We were approved for CR-1 this past week. We are so excited and happy!

Are there any travel restrictions with this visa such as you must stay within the U.S. for 6 months per year consecutively or cumulatively? I couldn't find this Q/A on .gov site or here.

 

Warm regards!

Ben

[Randy W]

Hi there!

Firstly, thank you to all who kindly support newcomers. This is such a lengthy process!

 

We were approved for CR-1 this past week. We are so excited and happy!

Are there any travel restrictions with this visa such as you must stay within the U.S. for 6 months per year consecutively or cumulatively? I couldn't find this Q/A on .gov site or here.

 

Warm regards!

Ben

 

The CR-1 visa itself is a single-entry visa, and must be used within usually six months of issuance. After it is processed at the port of entry, the immigrant will be granted legal permanent residency. The I-551 status conveyed by the CR-1 visa or green card carries some somewhat vague restrictions in that you can be deemed to have abandoned the green card under certain conditions.

 

Preservation of LPR Status - Maintaining Legal Permanent Resident Status. Zhang & Associates, P.C.

 

 

The Factors Indicating Intent

 

The intent of a LPR to remain a permanent residence in the U.S. is a key factor in the USCIS's determination of whether the LPR has abandoned his/her permanent residence in the U.S. However, a mere oral or written statement of intent to remain a U.S. resident to the USCIS is not sufficient. Apart from the length of the absence from the U.S., the USCIS will look to many objective facts that reflect the LPR's intent. The major factors that are considered in determining the LPR's intent include:

 

1. The length of the LPR's absence from the U.S.;

2. The purpose for the LPR's departure;

3. The existence of facts evidencing a fixed termination date for the stay abroad;

4. The continued filing of U.S. tax returns with the IRS in a resident status;

5. The location of the LPR's close family members;

6. The location and nature of the LPR's employment abroad;

7. The maintenance of other ties with the U.S. including mailing address, bank account, ownership of property, driver's license, club membership(s), mortgage, credit card, etc.

 

The Totality Test to Determine the Alien's Intent

 

No single factor in the above list is controlling with regard to the alien's intent to maintain legal permanent resident status in the U.S. The USCIS officers will analyze all relevant factors and look to the "totality of the circumstances" to decide.

 

 

 

 

. . . and from the USCIS - Maintaining Permanent Residence

 

A trip abroad of no longer than six to twelve months will usually not cause any problems, although trips of ANY lengths may require evidence of ongoing residency.

[dnoblett]

CR-1 is a single use visa, once used status becomes lawful permanent resident obtaining green card status, this is for permanent residence in the states.

 

There is no restriction on travel, however periods longer than 6 months can be considered not residing in the states and USCIS can revoke the green card. If you anticipate being away longer than 6 months then should file an I-131 for a reentery permit.