Immigration Law Questions? Ask an Immigration Lawyer.
This is a problem. A Lawful Permanent Residency is for someone that intends to permanently reside in the U.S. and is actually doing so. Not for someone that is just coming to the U.S. to visit from time to time.
Anyone that is a Lawful Permanent Resident (LPR) and is outside of the U.S. for 180 days or more within any 12 month period (not necessarily calendar year) creates a rebuttable presumption of abandonment of residency. That presumption can be rebutted by evidence to the contrary such as filing U.S. taxes, maintaining a home in the U.S. and paying that mortgage or rent, maintaining a U.S. drivers license, U.S. bank accounts with significant movement, etc.
Someone that has been outside of the U.S. for more than 1 year without first having an approved re-entry permit has abandoned their residency and only in very few exceptions (such as serious illness) can they get it back.
So if he has made a short trip back to the U.S. every 6 months, he can TRY to renew it, but he has to submit evidence of the things I listed above because to me it looks like he abandoned his Residency status. They call it Residency because he is supposed to be residing in the U.S.
Here is an official link:
The way to renew it would be an I-90, but he should be living in the U.S., not living and working outside of the U.S.
Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. And don't forget that bonuses are always appreciated! Thank you.
Great. But remember, that I am looking for is to see if he has at least come back to the U.S. before 6 months go by, even for short trips and if during these long trips he has paid his taxes, maintained a home in the U.S., etc.
And finally, it wouldn't be a bad idea to know if he has a U.S. Citizen spouse or U.S. Citizen son or daughter over 21. Thank you!
Well, that's easy enough to find. Here it is:
So she should go through the steps to fill out the application online and of course, you can follow-along with her to help her out. Obviously you don't submit what you are looking through, but you can follow her step by step until the end, just in case. You can rate me now if you like, but let me know if you have additional questions. Thanks again!
Oh, and if this other person comes back and answers you, I don't mind answering some follow-ups on that topic on this same thread so that you are not changed again. Thanks!
It is here:
You can also do a Google search for "ESTA Visa Waiver" and it should come out.
Did you ever get the money I tried to send? If not, let me know. Also, I have a completely different question, and here it is:
A different friend of mine is visiting right now from the CR. She is here with an almost three year old child. She would like to stay as long as legally possible, so is there any way to stay longer than three months? If she leaves before the expiration of three months how long must she stay out before she can come back? I will not consider marriage, and she does not have money to invest.
Thanks. Remember to let me know about the money.
It won't be bad news. Not too important to me or her. She just would like her daughter to spend maybe six months in preschool to learn English. If she can't she cant.
DID YOU GET MY MONEY, AND HOW MUCH DID YOU GET?
She has been here one week on the Visa Waiver Program.
Thank you for that answer. That's all I need.
I meant the tip I left you. Did you get that?
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