My mother is 75 and her green card expires in 2013 and she has lived outside U.S. for 6 years. Will she be able to re-enter?

Asked over 1 year ago - San Jose, CA

She was last in the U.S. in 2007 for a few months. Prior to that she was in the U.S. for a few months to receive her green and I believe this was in 2003. She has been living in Iran since her last trip in 2007. During her absence from the U.S., she has been taking care of my father who 86 and has Alzheimer's and has medical records/letters to prove it. My father is unable to travel so she has not been able to bring him to the U.S. and she has had to stay with him. I am a U.S. citizen and will be taking care of my father for the next few years so that my mother can return to the U.S. and apply for U.S. citizenship. Can you please let me know if customs will deny her re-entry even considering her age and situation? Thank you for your time. I appreciate any advice that you can provide.

Attorney answers (4)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

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    Lawyers agree

    1

    Answered . Not unless she is granted a returning resident's visa.

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    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Tripti Sharad Sharma

    Pro

    Contributor Level 19

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    Lawyer agrees

    Answered . I agree with Mr. Capriotti. Discuss your case with an experienced immigration attorney to see how best this can be approached in your case.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known.... more
  3. Jose Antonio Moreno

    Contributor Level 15

    2

    Lawyers agree

    Answered . She may be deemed to have abandoned her LPR status, however there are strategies you should go over with an immigration attorney to maximize the probability of entering asap.

  4. F. J. Capriotti III

    Contributor Level 20

    1

    Lawyer agrees

    Answered . My colleagues are correct ... she appears to have never established her residence in the US, or has abandoned it.

    She needs to apply at the US Consul (probably in Turkey) for a returning resident visa.

    You should talk to an immigration lawyer ... there is a good chance that she will be denied a returning resident visa and may need to be sponsored all over again.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more

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