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Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 4074
Experience:  She has worked on all types of U.S. Immigration cases since 2007.
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When we received our green cards we received form

Customer Question

When we received our green cards we received form I- 797 D "If you are going to travel and believe you may gone a year or more you should apply for reentry permit " nothing more . I am 70 years and didn't find any job and because my mother is 93 years I traveled for her and for any job to transfer money for my family. I spent 5 months and returned to live for one month in USA and repeated the same action 4 times . In last enterance the port officer stopped me and told me that your green card in risk why? because you spent out side USA a period longer than which you spent in USA. So he stamped a stamp " out 8 months " and told me you should renew your green . I tried to show him what is written in I-797D form , but no response . What is your opinion?
ADEL M XXX-TULSA OK
I 797 D
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Jen Marie, Esq. replied 1 year ago.
Hi Adel.. My name is ***** ***** I will be the attorney helping you today. Unfortunately the officer is correct. Your green card can be at risk not only if you are outside the US for more than one year during one trip as the I-797D states OR it can also be at risk if you spend more time outside of the US then inside the US. That is what happen in your case and that is why the officer gave you the warning about the 8 months outside the US. IF you had done it only 1 or 2 times, it's not usually an issue. However since you did it pretty often, 4 times, within a short time, those trips can be used against you as evidence that you do not intend to live in the US. I suggest you start being present in the US more often if you don't want this to happen again or you should apply for a re-enrty permit even if you don't intend to stay outisde the US for more than a year. This way you have peace of mind if you are outside the US for long periods. Good luck to you during this process and I hope this answer has helped you!Please kindly remember to issue a POSITIVE RATING now before you leave this page by choosing the Happy faces. This is very important since it is how I receive credit for my service from what you paid. This question will NOT close after you rate me even though it says "To Finish..". So after rating me, feel free to ask me any follow up questions at no additional cost . Any bonus you wish to provide will be very appreciated.If you are not satisfied with my answer or if I did not understand your question correctly, please ask me for clarification instead of leaving a negative rating. A negative rating does not help you or me. Your satisfaction is my goal. If you have other NEW questions in the future, you can make sure that I answer it for you if you start your new question post with the words "FOR JENNIFER " or write it in the Subject Line.