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Does my 7 yr old need a re entry permit after 7 months in Brazil?

Camarillo, CA |

I am a conditional green card holder and mother of a 7yr old .
My 7 yr old is a conditional green card holder and has been in Brazil for 7 months. Does she need to get a re entry permit after 7 months out of the US?

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Attorney answers 2

Best Answer
Posted

No, if it has been under a year, however be prepared for some extra scrutiny at the airport on your return.

Ricky Malik, Esq.www.rmlegal.com [http://www.rmlegal.com]

Posted

She can only apply for a Re-Entry Permit in the U.S. Since she has been out of the U.S. for over 180 days, there is already a "rebuttable presumption" that she has abandoned her lawful permanent residence in the U.S. If she stays outside the U.S. for over one year, this presumption will become "conclusive".

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This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. You should rely only on the advice given to you during a personal consultation, telephonic or in-person, by an attorney experienced in immigration law. In the event that you have follow up questions, please post them directly on this site. This does not create an attorney-client relationship and the attorney does not read unsolicited emails. Thank You.

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