immigrant visa

[angel_eyes1976 0]

my mom holds an immigrant visa...if she would stay in the philipines for more than 6 months but less than one year (say 9 months), is there a chance she can still come back in the US? or would she be turned away at the port of entry? my mom's been here in the US twice and stayed only 7 months each time... your thoughts please...sayang talaga if my mom would just abandon her immigrant visa after all the time, effort and money to get her here...i don't know how to convince her to come back earlier...

[Penguin_ie 5,985]

If she stays out of the country more than 6 but less than 12 months once, there is a good chance that she will be let back in, especially if she can show residence in the USA (lease to apartment, job to go back to etc)- though re-entry is certainly not guaranteed! If she does it more than once, her chances of being let back in get smaller every time.

[edp333 9]

If she has a 10 year green card she will most likely be ok. Anything over six months and the acumulated time to become a US Citizen starts over. The other issue is if the USCIS determines abandonment:

Fail to file income tax returns while living outside of the United States for any period

Declare yourself a “nonimmigrant” on your tax returns

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=3f443a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=3f443a4107083210VgnVCM100000082ca60aRCRD

[angel_eyes1976 0]

my mom never held a job here in the US...she filed income tax the first time she came here eventhough she didn't have income but it was returned coz of an error when she filled it out...never refiled it coz by that time, she was back in the philippines...and my mom lives with me so no proof of lease...all she has is a joint savings and checking acct.

[angel_eyes1976 0]

thank you edp333 and penguin for the reply...