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PR Being out of US for more than 1 year

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  • PR Being out of US for more than 1 year

    I have an employment based green card for past 2 years and am still working with the same employer. My wife does not work, and had got the PR as my dependent.

    We went on vacation and while there, due to a medical condition, my wife has been advised not to travel for another 12 months or so. I know that staying outside for more than 6 months will affect her PR status. Is there any legal process we can resort to so that she can retain the Green card?

    Thanks in advance,

  • #2
    I have an employment based green card for past 2 years and am still working with the same employer. My wife does not work, and had got the PR as my dependent.

    We went on vacation and while there, due to a medical condition, my wife has been advised not to travel for another 12 months or so. I know that staying outside for more than 6 months will affect her PR status. Is there any legal process we can resort to so that she can retain the Green card?

    Thanks in advance,

    Comment


    • #3
      upasi:

      Do you have a medical records of your wife to proof that she has a medical condition and unable to travel for 12months?
      You work for who? and where? We might be able to help you.

      Comment


      • #4
        Yes, I will be able to get a medical report from the doctor (in India) stating that she cannot travel.

        I work for a large investment bank in New York city.

        Thanks!

        Comment


        • #5
          Then its ok, where is she now? get the records and keep ready.
          Get the letter from your Bank that your are employed in New York, and she is India, due to some medical condition,she had to go to India for medical treatment.
          You writ a letter address to Consular Officer, requesting that she may be issued a Returning resident to join her family.This section of the Law will applicable to her.
          sec.101(a)(27)(A) All the best.

          Comment


          • #6
            Thank you very much for the details.

            Should I apply to the Consular officer in India, or to INS in the US?

            In fact she did not travel to India for medical treatment, the medical condition came up when she was there. That, I guess should not make any difference.

            I have to wait for a couple of more weeks for a final confirm from the Dr on this.

            Thanks again!

            Comment

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