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If I travel to Brazil and take a 2 year long vacation I lose my residency. How would I get it back ?

San Diego, CA |

This questions is primarily for JoAnn Lois Barten, but feel free to pitch in.
I am a permanent resident. I have been for many years. I have a green card and I am unemployed.
My stepfather is American citizen, he was born in Rhode Island.

Attorney Answers 5


  1. If you lose your residence you MIGHT get it back the same way you got it in the first place. We need more information to answer your question. Your age, for example. If you are under 21 and unmarried, your step father may be able to apply for you. You are asking a for a "what if", which is usually followed by plenty more "what ifs". Contact an attorney in your area.


  2. You get a reentry permit before you leave and you return to the US before it expires.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


  3. Once one "loses" LPR status due to abandonment (prolonged absence from the US), the only way to get it is to have the relative through whom LPR status was obtained re-file for you again, assuming this was a relative petition case.

    Where your step father was born is irrelevant. The only relevant question here is whether or not he married your mom prior to you turning 18.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  4. If you qualify for a new immigrant visa, you can immigrate again. Otherwise, why don't you just become a citizen first and then go on the vacation.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.


  5. Before you leave, apply for a re-entry permit as that serves as the best evidence that you did not intend to abandon your residence.

    This answer is not to be construed as legal advice. For a free telephone consultation, contact us now at: info@moralespllc.com (512) 215-5235 Austin, (214) 377-4822 Dallas, (713) 242-1783 Houston, (210) 957-8845 San Antonio Please dial extension 500

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