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Ask a Lawyer -- Immigration Question 4
Question: Dear Attorney, I am Jake an Unmarried son petitioned by my Legal Permanent resident (green card)mother in the United States. I am 24 years old. I have a steady relationship with my childhood girl friend for 7 years now. My priorty date in the Visa bulletin is almost current. And my love of my life is afraid that we would be separated for quite a long time once I receive my green card. I understand that I cannot marry my girlfriend since that would change my status and would delay my petition. Since I belong to the 2B category. Me and my girlfriend is planning to marry once I received my green card. My question is can I still reside here in the Philippines even though I am already a green card holder? Would U.S. Law allow me to stay in the Philippines even though I am a green card holder. I am asking this question since my girlfriend is so afraid and I dont want to leave the Philippines without her since I care for her. (my girl friend has cleft lip, a birth defect and she's so scared that we will not be together, and I honestly love her so much, I dont want her to feel insecured). If not, can I visit the Philippines once in a while. Is there any restriciton on how many times can I visit the PHilippines since I am already a green card holder. Hoping for your response regarding this question. Jake.
From: jake, Philippines 05/23/2008
Response: Unfortunately, a green card holder can lose his or her green card due to ambandonment as determined by the US immigration service. How long can green card holder stay out? There is no bright line test. Six months is probably safe but one year likely will cause trouble upon re-entry. See Abandoning Permanent Residence Status. Frequent absence from the country is also a problem should you wish, after obtaining a green card, to later apply for citizenship.
By: JJR, Date: 05/30/08Note: Joe Raymond is an attorney but not a specialist in the area of immigration law.
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