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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28189
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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My son US citizen works in Mexico with s girl friend and two

Customer Question

My son US citizen works in Mexico with his girl friend and two children. She has American green card and travel passport and she can go back and forth. She wasn't in USA almost a year. There planning to get back to USA next year and I wonder if she will have any problems with immigrations
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Judith replied 1 year ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

Yes, your son't girlfriend must enter the US within one year or by law she automatically looses her permanent resident status.

The only way she could get it back is if she qualifies for a returning resident visa. That means she has to show that when she left she had plans to return to the US and some unforeseen circumstance out of her control prevented her from returning. It is a $180 fee to apply.

She must also submit supporting documents that show the following:

  • Dates of travel outside of the United States (Examples: airline tickets, passport stamps, etc.)
  • Proof of your ties to the United States and your intention to return (Examples: tax returns, and evidence of economic, family, and social ties to the United States)
  • Proof that your protracted stay outside of the United States was for reasons beyond your control (Examples: medical incapacitation, employment with a U.S. company, etc.)

These are not easy to get.

Here is the link to the website for the Dept of State which gives all the details of how she would qualify and what documents she has to present to satisfy a consular officer of her lack of intent to abandon status.

http://travel.state.gov/content/visas/en/immigrate/returning-residents.html

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Judith