Immigration Law Questions? Ask an Immigration Lawyer.
Hello, my name is Judith. Thank you for this opportunity to answer your questions.
Has his card expired?
Why did he leave in 2010?
How long was he a resident prior to departing?
His card has not expired, yet. He left for business reasons as he had business in Slovakia and here. Conditions here has deteriorated businesswise and he wanted to save his business in Slovakia. He was resident for 2 years.
He can use his unexpired card to board a flight back to the US.
When he arrives they will put him into secondary inspection processing at which time he should request a hearing before an immigration judge.
The judge will decide whether he has abandoned his status based on the evidence of his continuing ties to the US and on whether his absence was brief, innocent and casual.
It is unlikely for a judge to find in his favor but as soon as he enters you can file a petition for him to begin the process and establish a priority date.
Judith, what exactly the last sentence mean? Pleas, give more details.
brief, innocent, casual?
"It is unlikely for judge to find in his favor but as soon as he enters you can file a petition for him to begin the process ans establish a priority day" What that means?
The judge will most likely find that he abandoned his resident status because he was gone for 3 years and he was engaged in employment running his business abroad. He would be able to ask for voluntary departure to return back home.
But if you file the I-130 petition for him as soon as he gets here, it will establish a priority date. It will take about 6-7 years for a visa number to become available to him so some of that time he will have here waiting for his hearing.
The rest of the time he will have to return home and wait out.
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