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otso88

Abandoned Greencard

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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 by otso88

10 Yrs. Unconditional Greencard Approved, 06 - 03 - 2009

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Filed: Timeline

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?

"diaddie mermaid"

You can 'catch' me on here and on FBI.

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Filed: Citizen (apr) Country: China
Timeline
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 by YuAndDan

OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

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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?


10 Yrs. Unconditional Greencard Approved, 06 - 03 - 2009

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Filed: Citizen (apr) Country: China
Timeline
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.

OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

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Filed: Citizen (apr) Country: China
Timeline
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.


OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

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Filed: AOS (pnd) Country: Brazil
Timeline

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....


AOS

AOS - Send I-485 March 26TH 2009

NOA I-485 April 1st 2009 - received

RFE - request initial evidence for I 864 April 13TH 2009

SENT evidence April 23rd 2009

BIOMETRICS DATE April 24th 2009 - Done

NOA I-485 JUNE 15th

INTERVIEW DATE JULY 30TH 2009 - APPROVED 10 year Green Card!!!!!

brazil.gif

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Filed: Country: Philippines
Timeline

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.


------USCIS-- married since March 28, 2005 - I130 filed: july 27, 2007

NOA #1: Aug 6, 2007 NOA #2: Oct. 29, 2009 - APPROVED

--NVC--December 12, 2009 - Case# generated from NVC

December 17, 2009 - hubby received his letter from NVC[/font]

April 13, 2010 - received DS-3032 via email

April 19, 2010 - sent back DS-3032 to NVC thru DHL (did not email a copy)

April 23, 2010 - DS3032 was received per operator and reviewed, received IV and AOS bill thru mail.

April 29, 2010 - paid AOS ($70) fee bill

April 30, 2010 - paid IV fee bill ($400.00 each beneficiary)

May 01, 2010 - AOS shows "PAID" in the system, printed cover sheet.

May 05, 2010 - iv bill shows "PAID"

June 24, 2010 - sent AOS via USPS/certified and prioritized

July 14, 2010 - received RFE. nvc is requesting again for Tax Transcript 2009

Sept 14, 2010 - Mailed RFE documents via usps

Sept 22, 2010 - mailed complete DS-230 via DHL

Oct 14, 2010 - received RFE about beneficiary's police clearances

Nov. 30, 2010 - sent corrected DS-230 with correct years of residency via USPS

Dec. 21, 2010 - CASE COMPLETED!!!

April 28, 2011 - interview date was set to JUNE 28, 2011 @6:30AM

June 15, 2011 - MEDICAL EXAM and will be back fri (6/17/11) for results

June 28, 2011 - Interview

July 12, 2011 - arrived at LAX - and we'll live happily ever after!

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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.


10 Yrs. Unconditional Greencard Approved, 06 - 03 - 2009

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Filed: Citizen (apr) Country: Brazil
Timeline

one duplicate post removed.


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Filed: Other Timeline

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 by Just Bob

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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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?


ROC 2009
Naturalization 2010

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