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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?

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


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.

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

Please click the link at the very bottom for additional information.

Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
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600 Wilshire Blvd., Suite 1550
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(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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14 lawyers agree


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 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.

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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. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.

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