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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105571
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Me and my wife are card holder and my wife is outside USA 15

Customer Question

Hi, Me and my wife are Green card holder and my wife is outside USA for almost 15 months. She has taken extension for staying outside. She gave a birth to our 2 nd baby and we would like to get that baby back in USA. What is the procedure for it. If I have to contact US consulate, what do I need to tell them.
Submitted: 1 year ago via ForeignBorn.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

You are a U.S. Citizen? She had a Re-Entry Permit to stay outside for so long?

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

I do not know why you are not responding, but you are not charged per question, per response, nor per answer. So after I give you my answer, you can continue to ask me questions without additional charge until you are satisfied. I apologize if it is a site issue that you posted and the post did not go through.

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.

Here is an official link:

http://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence

So hopefully she applied for a Re-Entry Permit before leaving the U.S. or she could have a problem at the Port of Entry.

As to your child, you would have to apply for a green card for the child which can take a year and a half or so. Could the child come in with a B-2 tourist visa or Visa Waiver? Maybe, but it is risky because those visas are not supposed to be used when there is immigrant intent.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. You can even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

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