She can certainly apply for the re-entry permit, and normally they are granted for up to two years. As to the ellegibility for their child, they should consult directly with an immigration attorney to evaluate their case.
She can apply for a re-entry permit. However, to assess her chance of being granted one, she should consult an immigratoin attorney, whether myself or one of my colleagues. Similarly, you should check with a lawyer as to chances of him becoming a permanent resident. If you appreciate the time spent preparing this answer, kindly consider marking it BEST ANSWER or HELPFUL. Good luck to you.
Dean P. Murray
The Murray Law Firm
560 Sylvan Avenue
Englewood Cliffs, NJ 07632
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I agree with my colleagues. She should apply for a re-entry permit the next time she is in the U.S. It will preserve her residency if she stays abroad for over one year. She should try and return within 6 months on this trip to avoid extensive questioning at the POE.
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.
A re-entry permit can be issued to a lawful permanent resident for any lawful reason. However, the applicant must be physically present in the U.s. at the time of application. Your friends mother should consult with an experienced immigration attorney who can explain the process to her.
While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.