Green cardNYDailyNews.com holders: 1 yr. max for trips
Need reason for 6 mo. absence
QMy brothers — both green card holders — are now in Jakarta, Indonesia, caring for our mother. If they stay abroad longer than six months will they lose their permanent residence status? Our mother is severely ill, and flights to the United States from Jakarta are limited due to coronavirus.
AName withheld
I doubt your brothers will suffer consequences for being abroad for more than six months. It’s best, however, that they return before a year passes. If your brothers need to spend more time in Jakarta they should apply for a reentry permit using U.S. Citizenship and Immigration Services form I-131. They should also travel with copies of their birth certificates and proof of your mother’s medical condition.
When permanent residents apply for U.S. citizenship, being abroad for more than six consecutive months creates a presumption that the continuous residence they need to show to naturalize was broken. Additionally, spending lengthy periods abroad may lead immigration authorities to assume they abandoned their U.S. residence.
However, if the permanent resident has a good reason for being abroad so long (provided it is less than one year), the citizenship applicant can overcome the presumption. Given the travel obstacles caused by the coronavirus and your mother’s condition, I doubt they’ll have a problem.
I came to the U.S. on an I-Visa for foreign journalists. I was married in my home country, but we divorced before I came and I’m now married to a U.S. citizen. Can I get a green card?
I.O.
Yes! Once you marry, your spouse should send USCIS the following USCIS forms: I-130, Petition for Alien Relative, and I-864, Affidavit of Support. In the same envelope, you send I-130A – Supplemental Information for Spouse Beneficiary, I-485, Application to Register Permanent Residence or Adjust Status, and I-944, Declaration of Self-Sufficiency. For travel permission while the application is pending, include form I-131, Application for Travel Document. For employment authorization, include form I-765. Get the forms and filing instructions at uscis.gov or by calling (800) 870-3676.
Send questions and comments to Allan Wernick, New York Daily News, 7th Fl., 4 New York Plaza, New York, N.Y., 10004 or email to questions@allanwernick.com.