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jhayaapbro
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 Staying more than 6 month outside of USA
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Posted on 04-14-15 7:00 PM     Reply [Subscribe]
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साथीहरु,
म अमेरिका बाट नेपाल आको ६ महिना भैसक्यो र मलाई थाहा छ कि 1 year भन्दा पहिले नै अमेरिका return हुनुपर्छ र म आउछु पनि | तर मैले Green card को नाता ले I -130 apply गरेकोथिये जुन कि USCIS बाट approved भएर अहिले NVC मा छ | के मेरो ६ महिना को नेपाल बसाईले मेरो petition लाई असर गर्छ ? किनभने अहिले मैले आफ्नो case status check गर्दा not eligible for further processing at this time because of numeric limitation of visa भनेर आउछ| सुझाब को अपेक्षा
 
Posted on 04-14-15 7:34 PM     [Snapshot: 33]     Reply [Subscribe]
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सकी गो नि !
 
Posted on 04-14-15 7:39 PM     [Snapshot: 49]     Reply [Subscribe]
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ur green card has been revoked that means
 
Posted on 04-14-15 8:11 PM     [Snapshot: 109]     Reply [Subscribe]
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If you have petitioned i130 for someone else, your application will not be affected by your stay of over 6 months in Nepal. The priority date (i130 receipt date by USCIS) might not be current that's why the case status says it's not eligible for further processing. Don't worry.
 
Posted on 04-14-15 8:52 PM     [Snapshot: 161]     Reply [Subscribe]
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Green card does not get revoked automatically, it will go to court and before judge if the IO at the port of entry thinks you have abandoned you permanent status in the US, that is if you stay more than 1 year. If you stay less then 6 months , your clock to citizenship will not reset and no questions asked, if you stayed more than 6 months but less than 1 year, you will be asked few questions and if you have done it several times in the past to show as a pattern then the IO may refer your case to a judge based on your history of staying in Nepal permanently. Also, staying more than 6 months will reset your clock to citizenship. Meaning if you have stayed 4 years and 6 months and you stayed more than 6 months, then you have to start your 5 years of continuous residency.
as a green card, you can only file for your spouse or children, it sounds like your i30 has been approved and now they are waiting for your visa to be current so they can transfer the case to the state dept. If you were a citizen it could be quick, but being a pr now you have to wait. these are my personal opinion, not legal advise, i am not a lawyer or any one associated with immigration law.
Last edited: 14-Apr-15 08:53 PM

 
Posted on 04-15-15 12:08 PM     [Snapshot: 407]     Reply [Subscribe]
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As taxi driver says, your stay over 6 months may not harm your I-130 Petition (presumably for your wife since you have green-card). But repeated stay of more than 6 months outside US will raise some questions at Immigration and he can refer your case to the Immigration court as your intent to give up your permanent residency status. As for the USCIS case status, since you are a GC holder, your relatives doesn't qualify as Immediate Relatives (IR catefory) which has unlimited visas available at any given time. It means the numerical quota for Nepal for the category has been fulfilled for the year. You will have to wait for the next quota.


 


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