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Posted: 2/7/2022 9:10:58 PM EDT
Long story short, mom has had a green card for almost 40 years now. She has been out of the states for 1 year and 2 months. The requirement for long term permanent residents is no more than 1 year out of country or you risk abandoning your green card. Well... I wish she and I knew the rules better before the trip or we would have been squared away with the proper documents. Now, I believe she has a solid case to show long standing continued permanent residency in the US and the trip out of the US was only ever intended to be temporary.

I'm having difficulty navigating this specific type of problem and want to make sure the packet we put together is the best one we can. Does anyone here know of an attorney who specializes or focuses on these types of Re-Entry Visas? I talked to one "immigration" attorney but the information I received doesn't appear to be very good which is why I am here.

Thanks!
Link Posted: 2/8/2022 3:01:08 AM EDT
[#1]
Quoted:
Long story short, mom has had a green card for almost 40 years now. She has been out of the states for 1 year and 2 months. The requirement for long term permanent residents is no more than 1 year out of country or you risk abandoning your green card. Well... I wish she and I knew the rules better before the trip or we would have been squared away with the proper documents. Now, I believe she has a solid case to show long standing continued permanent residency in the US and the trip out of the US was only ever intended to be temporary.

I'm having difficulty navigating this specific type of problem and want to make sure the packet we put together is the best one we can. Does anyone here know of an attorney who specializes or focuses on these types of Re-Entry Visas? I talked to one "immigration" attorney but the information I received doesn't appear to be very good which is why I am here.

Thanks!
View Quote


You can try my friend Tomi. We worked together for many years at an employment firm in DC, where she was our expert on all immigration matters. https://www.fragomen.com/people/oluwatomi-ojo-ade.html. We have since both moved on, but she's still my go-to for immigration questions. Her new firm, Fragomen, is an immigration law powerhouse.

Link Posted: 2/11/2022 4:03:35 AM EDT
[#2]
Definitely needs a lawyer, i wouldn't deal with USCIS without one.  

That said, it amazes me how many LPRs never bother to naturalize after 20 or 30 years then get all indignant when they screw up and find out they can still be deported.
Link Posted: 2/17/2022 11:39:02 PM EDT
[#3]
Thanks for the inputs!

As for why she didn't get naturalized? Beats me. I swear she views her status as a neat conversation point than anything else, but there could be more going on than I know. Taxes maybe. She knows someone else in the same situation who also went to a lawyer and got the advice "Just get on a plane and go. If there's questions just say you couldn't make it back for reasons out of your control." There's a process to get your ducks in a row for a reason. And the last people you want to give you grief are customs and immigration agents.
Link Posted: 2/18/2022 10:45:28 PM EDT
[#4]
Work with a good immigration attorney and perhaps s/he can use COVID as a valid excuse for over-extending her stay outside the US?

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