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

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?

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Attorney answers 4


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-client relationship. Remember, this site is akin to an internet blog. Do not rely on information here to make important decisions in your life. Make an appointment to meet with a licensed attorney in his or her office (or via Skype or phone) to obtain competent personal and professional guidance -- Khurgel Immigration Law Firm -- Representing Clients in all 50 States and Worldwide / 4199 Campus Drive, Suite 550 / Irvine, CA 92612 / Office: (949) 509-6515 / Direct: (949) 535-6331 / Web: / Email: / Attorney Khurgel is a former USCIS and Department of State Embassy Officer.


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 -- -- -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


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 client attorney relationship is not created. For a free consultation call (646) 253-0516.


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 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.

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