Immigration lawyer for U.S. family considering overseas move
My wife currently has a green card and we generally spend time with her family at least once a year for 2 weeks or so. Lately we've been considering relocating for 1-2 years so that our 7-year old daughter can spend more time with her family as the 2 weeks/year is just not enough. We're looking for recommendations for an immigration attorney so that we can determine what steps we need to take to ensure my wife doesn't lose her green card status if we do end up relocating.
Jan 17, 2022
Parent Replies
She can keep her green card active by visiting the US once every six months. I'm not a lawyer, but Immigration will tolerate this (just passing through the USA briefly for 12-24 months before they make a stink. If you really plan to be outside the USA for 2+ years I suggest she applies for what is called a "Re-entry permit" (form I-131).
https://www.uscis.gov/sites/default/files/document/guides/B5en.pdf
This permit allows her to live outside the USA for two years without losing her green card, and after that it can be renewed for one year periods. The renewal process is onerous in that it requires two trips to the US to renew (one to apply, and the second about 4-6 weeks later to do biometrics (fingerprints, eye scan) when approved. As for immigration attorneys I think most any of them that you can find online can help you to apply for an I-131 permit - it's not that complicated. You can probably do it yourself without an attorney.
Agree with KellyPierce's advice and would add that naturalization should also be a consideration. That is the best and easiest way to stay protected if she is eligible (if you are a US citizen and she has had her greencard for 3 years, she can apply now).