If you are a conditional resident of the United States, navigating extended absences can be particularly challenging. An extended absence for conditional residents can lead to additional scrutiny by USCIS. Therefore, it is important to understand how to maintain your status effectively. Unlike permanent residents, conditional residents must take additional steps to maintain their residency when traveling abroad for an extended period. The nature of conditional residency, especially those based on marriage or investment, involves an ongoing obligation. Conditional residents must demonstrate compliance with the terms of their status, particularly during an extended absence. This blog post will provide essential guidance on navigating the unique challenges conditional residents face during extended absences.
Understanding Conditional Residency for Extended Absences
A conditional residency is a two-year form of residency. It is granted to individuals who obtain a green card through marriage or investment. To adjust their status to permanent residency, conditional residents must meet certain requirements. For marriage-based conditional residents, this means proving that the marriage is genuine and not entered into solely for immigration purposes. For investment-based conditional residents, it means meeting investment and job creation criteria.
Conditional residents must remove the conditions on their residency by filing Form I-751 for marriage-based green cards. For investment-based green cards, they must file Form I-829 within 90 days before their two-year residency expires. Failure to meet these requirements may result in the loss of residency status.
Risks of Extended Absences for Conditional Residents (Conditional Green Card Travel Risks)
Extended absences from the United States can jeopardize a conditional resident’s ability to remove the conditions on their green card. If you spend significant time outside the United States, USCIS may question whether you still intend to live permanently in the United States. For conditional residents based on marriage, prolonged absences can lead to questions about the genuineness of the marital relationship if these prolonged trips mean separation from your spouse.
Some of the risks faced by conditional residents during extended absences include:
- Questioning of Intent: USCIS may question whether you intend to reside permanently in the United States if you have been absent for an extended period.
- Difficulty Proving a Bona Fide Marriage: If you are a marriage-based conditional resident, prolonged absences from your spouse may make it more challenging to prove your marriage is genuine.
- Complications in Filing for Removal of Conditions: To remove conditions, you must demonstrate compliance with residency and relationship or investment requirements. Extended absences may complicate the process and raise doubts about your commitment to US residency.
Practical Steps for Conditional Residents to Maintain Residency During Extended Absences (Conditional Residents Extended Absence)
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Apply for a Reentry Permit
- Conditional residents planning to be outside of the United States for an extended period (generally more than six months) should consider applying for a reentry permit. A reentry permit allows you to stay outside the United States for up to two years without being considered to have abandoned your residency.
- Applying for a reentry permit shows that you intend to return and continue living in the United States, which can be crucial in maintaining your conditional status.
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Maintain Proof of a Bona Fide Marriage
- If you are a marriage-based conditional resident, you must continue demonstrating your marriage is genuine. Keep records of your communication with your spouse, joint financial accounts, and any visits you make during your time apart.
- Documentation such as photos, joint leases, joint bank statements, and affidavits from family and friends can help demonstrate that your relationship is ongoing and bona fide.
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File US Taxes Jointly (for Marriage-Based Conditional Residents)
- Filing your taxes jointly with your spouse is a strong indicator of a bona fide marriage. Even if you are abroad, ensure you continue to meet your tax obligations and file joint tax returns with your spouse to demonstrate your ongoing relationship.
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Stay Compliant with Investment Requirements (for Investment-Based Conditional Residents)
- For investment-based conditional residents, ensure that your investment continues to meet the EB-5 program’s requirements. If you need to travel for an extended period, ensure that your business interests and investments remain compliant with USCIS EB-5 requirements.
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Return to the United States Regularly
- If possible, try to return to the United States regularly during your extended absence. This is especially important for conditional green card travel, as it helps demonstrate your intention to reside permanently in the United States. Spending time in the US shows that you intend to make the United States your permanent home.
- Shorter, more frequent visits are often more favorable than long, continuous absences.
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Keep a US Address and Maintain Financial Ties
- Keeping a US address, maintaining bank accounts, and keeping a valid US driver’s license are all important ways to show that you are maintaining your ties to the United States. Regularly use your US bank accounts and keep up with any financial commitments in the US.
Removing Conditions on Residency While Abroad
Conditional residents must file to remove the conditions on their residency within the 90-day window before the second anniversary of receiving their conditional status, especially during a conditional resident’s extended absence. If you are abroad during this time, it is crucial to plan ahead:
- File Form I-751 or I-829 on Time: Ensure that you gather all necessary documents and submit the form on time, even if you are outside the United States. Consider consulting an immigration attorney to assist you with the process while you are abroad.
- Attend Interviews If Required: USCIS may require an interview as part of the process to remove conditions. If an interview is scheduled, you must return to the United States to attend. Failure to attend an interview could result in the denial of your petition.
Additional Tips for Conditional Residents
- Consult an Immigration Attorney: The risks associated with extended absences for conditional residents can be complex. Consult an immigration attorney before planning any extended travel to ensure you take the necessary steps to protect your residency status.
- Keep Records of Intent: Keep records of your trips, financial ties, and intent to return to the United States. This documentation can be critical if USCIS questions your residency.
Safeguarding Your Conditional Residency During Extended Absences
Conditional residents face unique challenges during extended absences from the United States. Whether your conditional status is based on marriage or investment, taking proactive steps to maintain your residency and demonstrate compliance with USCIS requirements is crucial. By applying for a reentry permit, maintaining proof of a bona fide relationship or compliance with investment requirements, and regularly returning to the United States, you can help protect your residency status. If you are planning an extended trip, consult Immigration Attorney Osas Iyamu to help you navigate the complexities of maintaining your conditional residency.
Are you a conditional resident planning extended travel abroad? Contact the Law Offices of Osas Iyamu, LLC, today for personalized guidance on protecting your residency status and navigating the challenges of extended absences!