Abandoned Greencard

[otso88 0]

how long does it takes before a 10 yr greencard considered abandoned? my friend is out in the country for more than 6 mos, so can she still enter here in USA?, is it consider abandoned though?

Edited July 1, 2009 by otso88

[diadromous mermaid 36]

It *could* take from one day to forever. Abandonment is not so much connnected with the length of time outside the country as it is connected to whether the PR is maintaining the USA is his/her primary residence. However, an alien does need a re-entry permit if out of the country for over a year.

how long does it takes before a 10 yr greencard considered abandoned? my friend is out in the country for more than 6 mos, so can she still enter here in USA?

[YuAndDan 153]

Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

You may be found to have abandoned your permanent resident status if you:

• Move to another country intending to live there permanently.
• Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
• Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
• Fail to file income tax returns while living outside of the US for any period.
• Declare yourself a “nonimmigrant” on your tax returns

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

File a tax return this year? If not can be considered to have abandoned residency.

Moving to general immigrations forum, this does not have to do with removal of conditions.

Edited July 1, 2009 by YuAndDan

[otso88 0]

Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

You may be found to have abandoned your permanent resident status if you:

• Move to another country intending to live there permanently.
• Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
• Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
• Fail to file income tax returns while living outside of the US for any period.
• Declare yourself a “nonimmigrant” on your tax returns

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

File a tax return this year? If not can be considered to have abandoned residency.

Moving to general immigrations forum, this does not have to do with removal of conditions.

while my friends removing of condition is on process just this past month she was out of the country and now VSC just sent her 10 yr gc on her aunt house, should her aunt send the gc to her thru fedex?

[YuAndDan 153]

while my friends removing of condition is on process just this past month she was out of the country and now VSC just sent her 10 yr gc on her aunt house, should her aunt send the gc to her thru fedex?

Extension letter should still be valid for re-entry, I would keep the card in the USA, no sense in having it lost in shipping there.

[otso88 0]

she doesn't have an extension letter nor a stamp in her passport.

[YuAndDan 153]

she doesn't have an extension letter nor a stamp in her passport.

The extension letter is the receipt notice that is issued when the I-751 was filed.

If does not have the letter, then it is a risk but sending card via a secure method like Fed-EX may be the only option.

[marcelapeu 0]

I went through this my friend ...Married my husband in 97, got my GC in 99, had 2 kids one in 2000 the other in 2002. We decide to go for a visit to my country and we all ended up staying for 3 years, when my husband got a new job in the US we decided to move back thats when we founf out i had lost my status as a Permanent Resident because we didnt know about the re-entry permit, BIGGEST MISTAKE OF OUR LIVES!!!! Being married for 12 years and 2 USC kids we had to filed EVERYTHING AGAIN, in 2005 my husband came back we stayed behind and in 2006 me and the kids came back with th k3, in 2008 when my K3 expired we didnt have the money to do the AOS and just now march of 2009 we filled AOS and our interview will be july 30th....Please make sure you know everything about immigration law so you dont have to go through all we went through and this forum is so helpfull I just wish i knew about it back then...good luck to everybody....I hope you learn from my mistakes....

[-mitch- 3]

me and my son was out of the country for 11 months... (mar 08 - feb 09) i didnt file any re-entry permit for its so expensive and just decided to stay there for 11 months (need re-entry is stayed 1 yr). when i got here in LAX, they asked me soo many questions like the reason of overstaying, financial income, any plans of another trip back to my country, etc.

so i would suggest not live there close to 1 yr.... better safe than sorry! i stayed in the Philippines for 1 yr and 9 months of course with a re-entry permit and that was the reason why i was denied with my naturalization application since ive been here in the US since 1999 and that resulted me filing i130 for my husband as a LPR which will take forever and half.

[otso88 0]

me and my son was out of the country for 11 months... (mar 08 - feb 09) i didnt file any re-entry permit for its so expensive and just decided to stay there for 11 months (need re-entry is stayed 1 yr). when i got here in LAX, they asked me soo many questions like the reason of overstaying, financial income, any plans of another trip back to my country, etc.

so i would suggest not live there close to 1 yr.... better safe than sorry! i stayed in the Philippines for 1 yr and 9 months of course with a re-entry permit and that was the reason why i was denied with my naturalization application since ive been here in the US since 1999 and that resulted me filing i130 for my husband as a LPR which will take forever and half.

thank you for the reply mitch, very helpful.

[Ban Hammer 13,399]

one duplicate post removed.

[Brother Hesekiel 2,236]

As long as she returns before she's been gone for a year, her residency is prima facie still alive. It's possible and even likely that she will be asked what she did in the country she traveled to and to prove that she did not abandon her U.S. residency. If she can prove that she still has her apartment and house in the U.S., a dog or cat waiting, her car insured, basically everything that somebody who lives in the U.S. would have, then she'll be fine.

Edited August 12, 2011 by Just Bob

[milimelo 4,498]

As long as she returns before she's been gone for a year, her residency is prima facie still alive. It's possible and even likely that she will be asked what she did in the country she traveled to and to prove that she did not abandon her U.S. residency. If she can prove that she still has her apartment and house in the U.S., a dog or cat waiting, her car insured, basically everything that somebody who lives in the U.S. would have, then she'll be fine.

2-yr old thread?