Form I-131, Application For Travel Document: Fill & Download for Free

A green card holder who intends to study full-time in another country should use USCIS form I-131 to apply for and receive a re-entry permit BEFORE LEAVING THE US. That allows a green card holder to remain outside the US for up to two years without losing permanent resident status.Application for Travel Document

It all depends on the method chosen to apply for the green card. If someone chose consular processing and awaited an interview in their home country, it would not cause any problems or issues.In fact, it might actually be a better option in certain circumstances to avoid questions regarding whether the applicant had immigrant or nonimmigrant intent at the time of entry.The only potential problem would be leaving the United States after applying for a green card by filing for Adjustment of Status (Form I-485). The general rule is that leaving the United States while an application for Adjustment of Status is pending results in the I-485 being denied because it is considered abandoned.The exception is if a Form I-131 Application for Travel Document is filed and approved before departing the United States. That would allow one to depart and return and preserve their pending I-485.However, I always advise against any unnecessary travel under these circumstances. Even with an I-131 approved by USCIS, it is technically in the discretion of the Customs and Border Patrol official at the port-of-entry whether or not to admit someone returning. While such a discretionary denial may be quite rare, I don’t view it as worth the risk without a compelling reason to travel.Another issue is that for an Adjustment of Status application, USCIS typically expects that the married couple will be living together. If the intending immigrant voluntarily decided to leave the country and spend the time awaiting the interview away from their spouse and outside of the country, they better be able to provide a good explanation for that decision.This is not legal advice. Every case is different, and there are important advantages and disadvantages of the different methods of applying for permanent residence based on a possible marriage.I highly recommend having a consultation with an immigration lawyer while both parties to a potential marriage are present in the United States and before the marriage.

I think you may have screwed yourself. This happens fairly often with H1’s who get their green card for convenience sake but are not really serious about citizenship. Over the past few years things have tightened up but many are unaware.As a permanent resident or conditional permanent resident you can travel outside the United States for up to 6 months without losing your green card. Staying outside the United States for more than 6 months but less than one year will subject you to additional questioning when you return to the United States but you are not required to have a Reentry Permit and shouldn’t have any problems getting back in.If you intend to stay outside the United States for a year or more you will need a Reentry Permit. You apply for the Reentry Permit on Form I-131 Application for Travel Document. You can’t apply for a Reentry Permit while outside the U.S. so make sure you get your I-131 submitted before you leave the country. The Reentry Permit is good for up to 2 years and may not be extended. If you are a conditional permanent resident your reentry permit will expire on the same date you are required to apply for removal of the conditions.If you do not obtain a Reentry Permit and stay outside the United States for more than one year the USCIS may determine that you have abandoned your permanent or conditional residence status.