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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 24940
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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I am naturalized US citizen, my son is a green card holder.

Resolved Question:

I am naturalized US citizen, my son is a green card holder. He has left US in June 2010 for family reasons.He has not applied for re-entry permit. Is there any way to re-instate his green card? Thank you.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Judith replied 1 year ago.

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?

 

Judith

Customer: replied 1 year ago.

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.


 

Expert:  Judith replied 1 year ago.

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.

Customer: replied 1 year ago.

Judith, what exactly the last sentence mean? Pleas, give more details.

Expert:  Judith replied 1 year ago.

brief, innocent, casual?

 

Judith

Customer: replied 1 year ago.

"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?

Expert:  Judith replied 1 year ago.

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.

Please let me know if my answer was helpful or if you have any follow-up questions. Experts only
receive credit for our time if you rate our answers. I am eager to provide you satisfaction, although I may not be able to tell you what you want to hear. The law is not something I can change and may mean I have to deliver bad news

Judith

 

Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 24940
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Judith
Judith
Immigration Lawyer
24940 Satisfied Customers
34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.