Law Offices of RL Johnson’s Blog

CLIENT INQUIRY RECEIVED – Saturday, April 26, 2008 2:50 AM

Rod,

Thanks for looking into that for me i appreciate it very much. So She is going to have to stay until we get her next green card. Is she going to be able to come and go to thailand as long as i work here? Is there anything I can do from here to try to help this thing along. So if I sign the form and send it to her She can start this thing 90 days from expiration? If they where going to make problems why didn’t they just send here back to Thailand? But I now the goverment is screwed. Is there a way from me to rectify or try to explain what has happend so we do not have problems down the road?

Rod I don’t understand one part of you letter. If she told them that she stays in the US for me this is a violation of her visa? She wants to be where ever I am at and vice versa for me. I really wish things could be easier.

JT

ATTORNEY RL JOHNSON’S REPLY – Saturday, April 26, 2008 4:57 PM
JT,

Following are my attempts to answer your specific questions:

1. “She is going to have to stay until we get her next green card. Is she going to be able to come and go to thailand as long as i work here?”

ANSWER: No and yes. Travel outside the U.S. is one of her rights as a “conditional” resident. I have attached a document that explains a conditional resident’s rights and responsibilities. However, as I indicate in my last email, the term “resident” suggests that she is expected to make the U.S. her home. You write that WT was told “if she wants to keep her green card she has to stay in the US.” I suspect that “stay” means she must make the U.S. her home. If WT leaves the U.S. with the intention of living in Thailand she forfeits her green card upon departure. Stated differently, if upon reentry WT communicates or gives a border officer reason to suspect that she has made her home outside the U.S., she could be prevented from reentering the U.S. for five years. Consequently, remaining outside the U.S. for six months or longer—while not prohibited—raises suspicion of non-U.S. residency.

WT can make her reentries easier by bringing documents that show that her home base is still in the U.S. These documents could include U.S. tax returns, a home lease, evidence of employment, or other relevant documents.

2. “Is there anything I can do from here to try to help this thing along[?]”

ANSWER: You have to wait until you’re within the 90-day window to submit your I-751 petition to remove the conditional status: However, you could complete the form per the instructions and begin collecting the “Evidence of the Relationship” documents that you must send along with your application (see I-751 Instructions, page 2). This way, everything will be ready once the 90-day window arrives.

3. “[I]f I sign the form and send it to her She can start this thing 90 days from expiration?”

ANSWER: Yes (see my response to question #2, above): However, because it is a joint petition I suggest that—to the greatest extent possible given your distance—you complete the petition together. This way both of you will be fully aware of what’s in the petition just in case WT’s called in for an interview.

4. “If they where going to make problems why didn’t they just send here back to Thailand?”

ANSWER: We can’t know what was in the mind of the border officer. Indeed, we don’t know that there will be a problem. However, I think that it’s fair to conclude that the officer didn’t want to make a snap judgment that would negatively impact you and WT for the next five years.

5. “Is there a way from me to rectify or try to explain what has happend so we do not have problems down the road?”

ANSWER: Let’s not get ahead of ourselves. We don’t know that there is or will be a problem. In fact, if there’s a problem USCIS should let you know in writing. Similarly, if a USCIS officer tells you or WT that there’s a problem with WT’a status, you should ask for a written summary so that you may respond precisely. When dealing with government agencies, it’s usually best to await a written request for information otherwise you risk needlessly offering information that could raise questions that didn’t exist previously.

6. “If she told them that she stays in the US for me this is a violation of her visa?”

ANSWER: No: Not in and of itself. The crucial issue upon reentry after a prolonged stay outside the U.S. (six months or more) is whether the green card holder has made her home outside the U.S. The border officer will ask the green card holder a series of questions designed to get at the truth of the matter. E.g., when she left, what she was doing while away, and where she makes her home. If upon reentry WT communicates or gives a border officer reason to suspect that she has made her home outside the U.S., she could be prevented from reentering the U.S. for five years.

I only mentioned a potential violation because you write that the border officer “[t]alked about some fine.” If the Service intends to fine a person, it does so because it suspects a violation of U.S. immigration law. Again, we don’t know that the Service intends to fine you.

I hope that this was helpful.

Please let me know if I may answer any question(s) that you may have.

I trust that this message finds you well,
/s/ Rod