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New IR1 and business travel


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The I-151 Advance Parole can also be used as evidence of retaining her U.S. domicile.

 

Just be prepared.

 

That's her greencard right?

 

 

 

Sorry - I should have made sure of my terminology there. The Reentry Permit can be helpful if there are questions about her length of stay overseas, but probably not necessary in her case.

 

Advance Parole, Reentry Permit, and Refugee Travel Documentation for Returning Aliens Residing in the U.S

 

The problem is basically to convince the Immigrations Official when she returns that she LIVES in the U.S. There are no fixed guidelines for making this determination.

 

Thanks. Clear as mud as they say - not your response, but the apparent govt criteria used in determining if and LPR is LIVING in the US or not. Can see why my reading up on this didn't produce a clear answer.

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Not I-151, it is form I-131 used to apply for a travel document if anticipated trip will be long but less than 2 years away.

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Thanks so much for the quick reply. I wasn't clear in my OP in that she might take multiple 2-3 month trips to China each year and return to the US between each one. We're not sure how they count the time away as a problem - contiguous time away form the US or cummulative time. Anyone experienced these same concerns? And yes, we're exploring if the company change her employment to US-based.

 

 

It's hard to say what your best strategy is - except to do everything you can to keep these trips to a minimum. One 3 month trip every year is a LOT - that may or may not catch the eye of an Immigrations Officer. ANY length of time away from the U.S. might be used to deny her entry.

 

Be aware, also, that her company might want to extend her trip unexpectedly.

 

But I would expect that her company would be aware of her green card issues.

 

One possible strategy is to apply for reentry permits to cover the three years+ until she is eligible to apply for U.S. citizenship.

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Later when you go to either renew her LPR card or apply for citizenship the application form asks (unless it has changed) how many days you spent outside of the USA last year. At interview time when you are face to face with the IO, he opened my wife's and actually counted the trips and the entry and exit dates to confirm time outside the USA. Unless it's leap year she has/must not be outside the USA for more than 1/2 (50%) of 365 days, all countries combined together.

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Later when you go to either renew her LPR card or apply for citizenship the application form asks (unless it has changed) how many days you spent outside of the USA last year. At interview time when you are face to face with the IO, he opened my wife's and actually counted the trips and the entry and exit dates to confirm time outside the USA. Unless it's leap year she has/must not be outside the USA for more than 1/2 (50%) of 365 days, all countries combined together.

 

Yep,

 

I kept a calendar going back to when my wife got green-card tracking all trips while holding green-card and attached an itemized list to her N-400 citizenship application, needed more space than what was provided on the form.

 

We live close to Canada and tended to make several trips each year over there so I kept track of every trip.

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