Travel while I-751 is being processed
Hi,
My conditional green card will expire on June 2, and I will submit the Form I-751 in March to request a new card. However, I will be traveling a lot outside of the US this summer. I plan on leaving the US for a week in mid June. Will this be an issue? Also, if I wont be available for interviews/biometrics between June and the end of August, will this be a problem?
Thanks for your help!
Yes, that will be a problem.
Also, if I wont be available for interviews/biometrics between June and the end of August, will this be a problem?
8 CFR § 216.4 Joint petition to remove conditional basis of lawful permanent resident status for alien spouse.
(4) Physical presence at time of filing. A petition may be filed regardless of whether the alien is physically present in the United States. However, if the alien is outside the United States at the time of filing, he or she must return to the United States, with his or her spouse and dependent children, to comply with the interview requirements contained in the Act. Furthermore, if the documentation submitted in support of the petition includes affidavits of third parties having knowledge of the bona fides of the marital relationship, the petitioner must arrange for the affiants to be present at the interview, at no expense to the government. Once the petition has been properly filed, the alien may travel outside the United States and return if in possession of documentation as set forth in §211.1(b)(1) of this chapter, provided the alien and the petitioning spouse comply with the interview requirements described in §216.4(b). An alien who is not physically present in the United States during the filing period but subsequently applies for admission to the United States shall be processed in accordance with §235.11 of this chapter.
You might have to rack up some frequent flyer miles, but you can travel after filing with your receipt notice which extends your status automatically for a year.
Ill be away for five weeks and wont be able to return to the US, from the end of June. Can they postpone my biometrics, or can I just tell them Im not available then? (Theyve finger printed me already several times!) Also, is the travel stamp issued automatically? If not, does anyone know how long it takes? (And how I apply for it?) Thanks for your help!