It depends on a number of factors including how long he has been out of the US and why. If he has abandoned his status and you are a US citizen and at least 21 you can begin the process now to bring him back.
The answer provided here is general in nature and does not take into account other factors that may need to be reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.
I'm not sure how long he's been outside the USA to determine whether he's abandoned his lawful permanent resident status. You can check these factors to help you with this issue: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=3f443a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=3f443a4107083210VgnVCM100000082ca60aRCRD
Talk to an immigration attorney about this, and if he has abandoned his LPR status and you are a US citizen over 21, you may file for him.
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(626) 771-1078 Los Angeles Attorney Theodore Huang, Esq. This is not legal advice. No attorney/client relationship is established. Attorney Huang is licensed in MD; practice limited to federal law.
If you are a US citizen and over 21 you can file for him to come back. he can also simply come back on his own and if placed in removal proceedings, he can fight the abandonment charge or have you petition for him (provided you are over 21 and a US citizen).
Samuel Ouya Maina, Esq. 415.391.6612 firstname.lastname@example.org Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104
At times even staying abroad too long would be OK. But if prolonged stay is unjustified, refiling or some alternative ways are possible. Best Wishes!
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