Hello and thank you for using our service. My name isXXXXX and I am a licensed attorney and will try my best to help you. Believe me that I will try my best to give you a solution if one exists, but sometimes the law does not have a good one.
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 she plans to be outside for a year or more, she needs to apply on form I-131 for a Re-Entry Permit before leaving the U.S. This will allow her to be outside of the U.S. for up to 2 years maximum. If she needs more time, she can come back to the U.S. before the 2 years expires and apply for a new Re-Entry Permit for 2 more years. Here is a link to the form:
Also, keep in mind that she must NOT travel to her country of persecution or her case could be reopened and she could lose her Residency status.
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