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My father left the country to retire abroad with my mother

 
Guillermo J. Senmartin, Esq.'s Avatar
  • Answered by:Guillermo J. Senmartin, Esq.
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Customer Question

My father left the country to retire abroad with my mother after living in the US as a resident for 20+ years. My mother was an American citizen and passed away in 2009. My father wishes to come back to the US permanently but did not fill out any paperwork stating his intentions of retiring abroad before he left. What is the best course of action for him now?

 

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Submitted: 279 days and 6 hours ago.
Category: Immigration Law
Value: $24
Status: CLOSED
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Expert:  Guillermo J. Senmartin, Esq. replied 279 days and 6 hours ago.

He most likely abandoned his Residency. How long ago did he leave the U.S.? And when was the last time that he came back?

 

And are you a U.S. Citizen over 21?

Customer replied 279 days and 6 hours ago.

He left the US about 4 years ago and has not come back since, currently living in Spain, and yes, I am a US citizen, 34 years old.

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Expert:  Guillermo J. Senmartin, Esq. replied 279 days and 5 hours ago.

Ok, then he has abandoned his Residency. You would have to start a whole new process for him to get a new Residency status. Unfortunately, it will take about a year or so and there is no reasonable way to speed that up. Plus he most likely will not be able to visit during that time because they will not approve a visitor visa for him. Here is a link on how to do the process for him:

 

http://www.travel.state.gov/visa/immigrants/types/types_1306.html

 

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Expert TypeImmigration Lawyer
Category: Immigration Law
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Accepts: 26839
Answered: 7/6/2012

Experience: 10+ years of experience in various aspects of U.S. Immigration Law.

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