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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94695
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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IMMIGRATION LAW QUESTION: A friend in an EU country, residing

Resolved Question:

IMMIGRATION LAW QUESTION: A friend in an EU country, residing now outside the U.S., has a green card that expires in 2014. He got this card through his U.S. employer. He lived and worked in this country for three years, and has been back once a year. The card expires in 2014. He still works for the same company, but in Europe. Can he renew the green card, and if so how? Thank you.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

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:

 

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=3f443a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=3f443a4107083210VgnVCM100000082ca60aRCRD

 

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.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!
Customer: replied 1 year ago.
Hi,

I'm not done. I'm waiting for a reply from my friend. The last time I tried to leave you a tip it wouldn't take it so I don't want to rate you until I'm totally done. I won't forget. Thanks.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Ok. Thank you so much. I will be here, just let me know.
Customer: replied 1 year ago.
Hi, apparently he has a work permit that has not expired. He plans to come back to the u.s. soon, get a job with another company and file tax returns for 2013 and then 2014, or whatever part of that year, if he's here.

I don't know if this plan will do him any good or not, but in the meantime I am trying to get exact dates of his stays in the u.s.

Thank you for your cooperation. When this is over I will bonus you $50. I know that is nothing compared to your professional fee, but it's something. This may take a few more days, but thanks.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
That is extremely generous, actually. I sincerely XXXXX XXXXX But if he has Lawful Permanent Residency, that surpasses any work permit he may have had. But he also abandoned that Residency by being outside of the U.S. for too long. What is the work permit that he says he has? An H-1B? H-2B?
Customer: replied 1 year ago.
Okay, so the end of the story is he has a green card and a social security number, not a work permit, AS I UNDERSTAND IT.

BotXXXXX XXXXXne: He has abandoned his residency, and 99% he cannot renew it, even if he came to the U.S. now and started working and filing taxes, right?
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Well, just to make sure, he has come back to the U.S. every 6 months for a short trip? And during his time away, he has NOT paid U.S. taxes or maintained a home in the U.S.?
Customer: replied 1 year ago.
I have to check that exactly. How do I get myself involved in these things? (rhetorical question).
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
No worries. You are just trying to help as am I. The same thing happens to me all the time. I will be here, don't worry. I will be off for a little while 3pm EST until 6pm or 7pm or so, but I will be back after that.
Customer: replied 1 year ago.
i JUST SENT HIM THIS EMAIL. IF HE DOES NOT GIVE ME THE INFO I'M DONE.


I just heard from the lawyer again. He keeps asking me the same qustions, and I believe I asked you several times. If not, I am asking them now.

I am going to ask you again clearly, and if you want me to talk to the lawyer again I MUST have these SPECIFIC answers.

1. How long were you IN the U.S. the first time after you got your green card?
2. Did you EVER file U.S. tax returns.
3. Do you have a U.S. Driver's license from any state?
4. EXACTLY when did you come back to the U.S., and when did you leave? (for this question you do not have to tell me exact dates, like January 23, 2010 to March 23, 2012. If you have these dates, great, but if not just tell me the MONTH AND YEAR you came and the MONTH AND YEAR you left.

AFTER I get ALL these answers - not just some of them - I will contact the lawyer again. Then whatever he says will be final.

He is putting in a lot of work on this for very little money, as a favor to me, so please give me these answers.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

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!

Customer: replied 1 year ago.
Waiting for more info.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
No problem. I will be here. I'm here all the time. I'm about to disconnect for the evening though, so just post the information when you get it and I will respond to you. Take your time, your question does not close.
Customer: replied 1 year ago.
Okay, he's screwed. Case closed.

Another quick question:

Another friend is coming to the U.S. on May 31 with her 2 yr old daughter. I bought her her ticket, and since she is coming from the Czech Republic she does not need a visa. However, I think there is some form with a fee she has to fill out online. Can you tell me what that is and how to access it for her?

When you respond to this I will rate you and this time make sure the $50 goes through. I do not mean I require you to answer to earn your rating. I simply don't know how to rate you unless it's after the last interchange. Thanks.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Did she tell you how much the fee is? And you have met this friend in person before, not just over the internet?
Customer: replied 1 year ago.
Yes, we are friends for about two years. I met her in Prague and we are in touch all the time, but this is her first trip to the U.S. That is how I know all these Czech people.

I don't know. I just remember reading something on the internet that Visa Waiver Program citizens have to go online and fill out some form and pay a fee, but I have been searching and searching and can't find it now. It's always like that. You stumble on something and then can't find it again. I do know they need an E passport with a chip in it, but that's all I know.

Thanks for your concern.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Well, that's easy enough to find. Here it is:

 

https://esta.cbp.dhs.gov/esta/

 

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!

Customer: replied 1 year ago.
The other issue is over.

Do you know the link for this online application and what it is called?
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

It is here:

 

https://esta.cbp.dhs.gov/esta/

 

You can also do a Google search for "ESTA Visa Waiver" and it should come out.

Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94695
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Guillermo J. Senmartin, Esq. and 2 other Immigration Law Specialists are ready to help you
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!
Customer: replied 1 year ago.
Hi,

I just rated you excellent. Then I tried to put in $50. It did the same thing it did last time: "

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Sincerely,

JustAnswer - Customer Service

MAYBE YOU CAN GET IN TOUCH WITH THEM AND FIND OUT WHAT'S WRONG BECAUSE THIS IS THE SECOND TIME THIS HAS NOT WORKED AND HOW ELSE WILL YOU BE ABLE TO RETIRE WITHOUT MY 50 BUCKS?

THANKS AGAIN, AND WHENEVER YOU GET THIS TOGETHER LEMMEKNOW AND I'LL ASK YOU ANOTHER QUESTION TO PAY YOU THEN. THANKS
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Ok. Thank you so much. I will see what I can do and I will be in touch. Let me know if you need anything else. Thanks again!
Customer: replied 1 year ago.

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.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Yes, it went through. Thank you.

So she entered the U.S. on a Visa Waiver and they only gave her 90 days? I may have some bad news.
Customer: replied 1 year ago.

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?

Customer: replied 1 year ago.

She has been here one week on the Visa Waiver Program.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Unfortunately, the Visa Waiver cannot be extended and cannot be changed to any other non-immigrant status. She could get a 30 day period from ICE if she had an emergency, usually a medical one, but other than that, she would have to leave to Mexico, Canada or any of the adjacent islands to the U.S. for 30 days or more to "reset" the time, or anywhere else for one day to "reset" the time, but there is no guarantee they will let her back in and if she comes back too quick, they probably won't let her back in. The law doesn't say what "too quick" is, but the idea is that she stay out longer than she stays in.

And yes, the website paid me, but I am not allowed to discuss the particulars of that. Thank you.
Customer: replied 1 year ago.

Thank you for that answer. That's all I need.


 


I meant the tip I left you. Did you get that?


 


 

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
If you left it, I'm sure I got it. A little hard for me to check it now. Sorry. But thank you!

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