Is he in risk of lossing his permanent residence since he asked twice for a permit to stay outside the usa?

Asked 11 months ago - Clark, NJ

Family family member will come to usa for good on Sep 2013. He has applied twice to get a permit to stay outside the USA. When he arrives what kind of proofs or what type of Q? will the agent ask him to make sure he is coming to live for good.. He had to finish his degree, sale a property, finish an intense English course, finish a pending labor case. Now he is good to stay. Is he in risk that his Green Card is taken away? Please see dates below jan 2009 – got green card Feb 2009 - came to usa for 1 month July 2009 – came to usa for 1 month Aug 2009 – applied for 2 yrs permit July 2011 – came to usa for 45 days July 2011- applied again for 2 yrs permit Any advice for his return on sep 2013?

Attorney answers (4)

  1. Irene Vaisman

    Contributor Level 20

    2

    Lawyers agree

    Answered . Seems that he has gotten his re-entry permit. A lot of absences though. he should have documents to prove everything you have described. However, no one can tell you exactly what will happen at the border. Will depend on a particular CBP officer.

    Irene Vaisman, Esq. 11 Broadway, Suite 615 New York, NY 10004 (646) 253-0516 This is not legal advice and a... more
  2. Jeff L. Khurgel

    Pro

    Contributor Level 19

    1

    Lawyer agrees

    Best Answer
    chosen by asker

    Answered . If one obtains a Reentry Permit before departing, it is unlikely he or she will be accused of abandonment with regards to U.S. residency. Having said that, it may still come up and strong proof of continuing ties and an intent to reside in the U.S. are important to have at the POE. Speak to an attorney about the particulars in your situation for advice.

    Kindly note that this posting is offered for informational purposes only. It does not constitute an attorney-... more
  3. Giacomo Jacques Behar

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . Not necessarily, even though this looks pretty bad, contact an immigration lawyer immediately.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more
  4. F. J. Capriotti III

    Contributor Level 20

    2

    Lawyers agree

    Answered . Where his two re-entry permits approved? Did he use them?

    These dates look bad ... he should talk to a lawyer about getting a SR-1 visa at the US consul.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- franco@capriotti.com -- www.capriotti.com -- This blog posting... more

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