Green Card

[tommyesq73 0]

Hello...not sure if this is the right forum...but here goes...a friend of mine received her green card in 2003....Her green card expires in 2013. Since 2005 she has been living in colombia..and is currently in colombia...Does she need anything else to re-enter the U.S.? Is her green card considered abandoned because she has been out of the country for more than 2 years? If so what does she have to do to re-enter? thanks

[jula 0]

Is her green card considered abandoned because she has been out of the country for more than 2 years?

yes...unless she has a valid re-entry permit (for which she applied before she left the USA)

If so what does she have to do to re-enter?

as a permenent resident? be petitioned again; If she wants tocome as a tourist, she needs tourist visa

[Cloudy9 11]

Hello...not sure if this is the right forum...but here goes...a friend of mine received her green card in 2003....Her green card expires in 2013. Since 2005 she has been living in colombia..and is currently in colombia...Does she need anything else to re-enter the U.S.? Is her green card considered abandoned because she has been out of the country for more than 2 years? If so what does she have to do to re-enter? thanks

Tell her to try this link. http://www.embusa.es/cons/immigrenreturning.html

Edited October 13, 2007 by Cloudy9

[athena_ny 1]

If it's been more than 2 years, she's no longer a permanent resident.

[florida_guy07 0]

If it's been more than 2 years, she's no longer a permanent resident.

You don't lose your status just like that... She will have to appear for an interview with possibly an immigration judge and she will have to show them that she didnt fail to remain a resident (job, house, bank account, money, family, etc...) in the US. My wife's friend's dad has had his green card since 1980 but he spends most of his time in Brazil, well, last time he came in, they took his green card away and they told him he had to go to the Orlando Local office to get ir back. So he did and they made him file some forms, go through an interview and after like 3 months he got his green card back.

[athena_ny 1]

If it's been more than 2 years, she's no longer a permanent resident.

You don't lose your status just like that... She will have to appear for an interview with possibly an immigration judge and she will have to show them that she didnt fail to remain a resident (job, house, bank account, money, family, etc...) in the US. My wife's friend's dad has had his green card since 1980 but he spends most of his time in Brazil, well, last time he came in, they took his green card away and they told him he had to go to the Orlando Local office to get ir back. So he did and they made him file some forms, go through an interview and after like 3 months he got his green card back.

They wouldn't have taken it away if they didn't consider him to have abandoned his status. I bet those forms cost lost of money, and while he may have been able to prove he didn't fail to maintain status, that may not be the case for the OP's friend.

If she failed to file a tax return at any time, she is no longer a permanent resident. Also, no US bank accounts, or bank accounts that lie dormant, no property, or any real ties to the country would make her a non-resident. (Family is mentioned nowhere - simply having family that stays in a country doesn't help you maintain your status if you have no other ties...)

http://travel.state.gov/visa/immigrants/info/info_1333.html

If a re-entry permit wasn't secured before leaving, she can apply for a returning resident visa (which is probably a better idea than just showing up at POE), but can be turned down if she failed to maintain status.

[motu 5]

Hello...not sure if this is the right forum...but here goes...a friend of mine received her green card in 2003....Her green card expires in 2013. Since 2005 she has been living in colombia..and is currently in colombia...

She screwed up or maybe she did intend to just go and live in Colombia and adios to USA. Most if not all Colombians here know that if you intend to leave for a long time you better get your citizenship first (she had the chance as she had her old greencard for 2 years and then her new one for 2 more - she could have applied for citizenship in 3 years if married and 5 if not married.)

Some of my friends want to settle in Colombia - its cheaper, more fun and the wives have stronger ties to their families - but all of them are getting their spouses to learn English and get their citizenship before they ever finalize their moves. This way they can always come back for visits or even if they abandon their idea of living in Colombia. I am waiting to get my wife to file for her citizenship (in a year's time) and then we can live 4 to 6 months in Colombia/India etc. (during the winter/colder months) and head back here during the warmer months.

Good Luck to your friend but basically she can try and come back here and be denied entry or start this process all over again.