My mother (a green card holder) has got reentry permit ending July 2019 ,that is when she can come to US again .
The question is if due to any reason she will not be able to return after 2 years, can she stays one more year in her country without renewing the permit and if so what will be the legal consequences for her reentering after 3 years? She is already 61 years old.Thanks for response and best regards.
It is very likely that your mother will be let inside the country with her green card, especially if she stays in her home country for a medical reason. She would need to be able to present the medical documents to the CBP officer. Though the law states that an LPR would be in danger of losing the status after 1 year (or after 2 years with the re-entry permit), the actual CBP policy is not in conformity with the law. I have had a few clients already who stayed out far past the allowed period of time.
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Loss of residency (LPR) could occurr when someone statys out of the United States for more than 2 years with a re-entry permit or over one year without a re-entry permit. An application for returning resident status would need to be sought if stays out past 2 yrs.
This answer does not create an attorney-client relationship and is not meant to be relied upon as legal advice.
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