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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94649
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Hello, 1. My Mom just became a US permanent resident since

Resolved Question:

Hello,
1. My Mom just became a US permanent resident since July 2013. So, we need to know what would be next step to petition for my Dad. He has been here in the states since May 1980. He applied for the amnesty in 1986 and he did get a work permit and a temporary green card. When he went to get his permanent card. The officer said he has taken too long to get the permanent card and was not given to him. I guess he did not do any investigation at the time. Like I mentioned before my mom is here in the states and wants to help my dad to get all his paper work in order. My Mom was petitioned by her sister and at the time my dad was included in that application which prevents him from leaving the country and be able to fix his papers here in the states just by paying the penalty. I'm confuse as to which way to go to help them out. My Dad is now 72 and still working. Please advise
Submitted: 10 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.
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.


When was the petition filed for your mom? And since your mom got it, why didn't your dad also get it? Are they divorced? And I assume your dad entered the U.S. illegally with no visa?
Customer: replied 10 months ago.

Her petition was filed in 2001.


When my Mom got in, she was in Colombia and my Dad was here in the States. When we needed to pay the fee of $404.00 I was advised by an immigration officer not to pay my Dads portion because he was here.


And no, they are not divorced, just separated by mom being in Colombia and my Dad being here.


He did have a visa back in 1980

Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.
And just to make sure, the I-130 was filed on or before April 30, 2001 and your father was named in it? And where is your mother now? And finally, your dad used a B-2 visa for his last entry into the U.S.?
Customer: replied 10 months ago.

Yes, it was before April 30th and yes my Dad's name was included in the application.


My Mom is now here in the States.


And to the best of his knowledge he said it was a tourist visa

Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.
Well, then I do have some good news. Because that I-130 was filed on or before April 30, 2001 and if he can prove that he was in the U.S. on December 21, 2000, then he can file an I-485 and I-485A along with an I-765, I-693 and I-864 and apply for Lawful Permanent Residency without having to leave the U.S. since he was included in that original petition and it can obviously now be used to get Residency since your mother got it. I am glad that I have been able to give you good news. If you want the help of an attorney, you can find one at:

www.ailalawyer.com

The forms can be found here:

http://www.uscis.gov/forms/

 

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 to you. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just go to http://www.justanswer.com/law/expert-guillermosenmartin/ and make sure you type: FOR GUILLERMO on the subject line. Thank you!

 

Customer: replied 10 months ago.
Thank you for your answers. One more thing. My Mom has to go back to Colombia to take care of personal issues, But she wants to know how long she has to stay here before going back and not jeopardize her residency. My understanding is that she cannot be outside of USA for more than six months, but not sure how long in the States
Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.
She doesn't have to stay here any length of time specifically before she leaves, but she needs to spend more time in the U.S. than outside of the U.S. A short trip back to the U.S. every 6 months is NOT enough.


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 has to stay out longer than she is inside of the U.S., she should apply for an I-131 Re-Entry Permit before she leaves the U.S. Here is a link:


http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b11747a55773d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=7d316c0b4c3bf110VgnVCM1000004718190aRCRD




Please let me know if you have additional questions and please do not forget to rate my service to you positively 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.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94649
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Guillermo J. Senmartin, Esq. and 4 other Immigration Law Specialists are ready to help you

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