I am in the process of I-485 petition for greencard.  I already got the
approval for conditional greencard valid for 2 years (through marriage).
But I got admitted to a grad school in France, and I am thinking of
accepting the offer.  My question: Can I continue with my permanent green
card petition while attending school in France?  I am planning to come
back to the U.S. after graduation in about 4 years.

answer as best as you can given the price.  thank you very much~!

Hello,

Thanks for your question, banchan.  I have been told by someone who
works at the Department of Immigration that while you are in the
process of applying for permanent residence, you are not allowed to
leave the United States for one year after the date you filed the
request.  She noted that approval could come in half that time, or
even less, so if you filed awhile ago, or you're not attending school
until the fall, its possible you may be approved before you need to
leave.  I recommended you call this number:

1-800-375-5283

Have your receipt date and receipt number when you call and they
should be able to advise you on the probability of the timeframe of
your acceptance.  I hope this helps.

watershed-ga

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Request for Answer Clarification by banchan-ga on 05 Mar 2003 15:23 PST

in fact, I already got the approval for "conditional greencard" which
I can use to
travel abroad without re-entry permit.  However, I need to remove the
"conditional" status in 2 years, upon which I will be unconditional
permanent resident.  My Q was what happens if I attend a school in
France while waiting for the 2-year period, WITH the conditional
greencard?

To maintain permanent resident status, you must not be absent from the
US for more than 1 year at a time.

That should be all the answer you need! Ergo, if you are gone for a
few years, your green card will vanish. If you plan to return each
year, that should be ok.. But, speaking with an immigration lawyer, or
the BCIS might be the prudent thing to do.

Legolas-ga

Incidently, why are you using an I-485 to adjust status when you
already have a green card? That's the wrong form. If you had been
admitted on a K1-K4 visa, or similar, then you'd use the I-485 for an
AOS. Since you just need to file the remove conditions, that should be
it!

Had you not received your green card, you would have had to file for
advanced parole to leave the country at all. Since you already have
the green card (conditional), you just have to maintain your residency
(though you can leave the country at any time and return), as long as
you file within 90 days before the anniversary of your marriage to
remove conditions.

Legolas-ga