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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105682
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I'm a US citizen, married 53 years ago to a Mexican citizen.

Customer Question

I'm a US citizen, married 53 years ago to a Mexican citizen. She has a "green card", but due to her health being treated in Mexico, she has not been able to enter the US for almost a year - and if she does obtain permission to enter the us, will only have a few weeks or so before she will have to return to Mexico for more treatments. We have a large family - nine children and 55+ grandchildren (and even 15 great grandchildren) - all US citizens which we'd like to see if we can arrange a quick trip from Mexico to the US. What do you recommend? (Will her "green card" still be active under these conditions - or dose she have to obtain different documentation from the US embassy here in Guadalajara, where we stay when not in the US)
JA: OK. The Immigration Lawyer will need to help you with this. Anything else I can tell the Immigration Lawyer before I connect you two?
Customer: I think that covers it. My email is:***@******.***
JA: I'm sending you to a secure page on JustAnswer so you can place the $5 fully refundable deposit now. While you're filling out that form, I'll tell the Immigration Lawyer about your situation and connect you two.
Submitted: 8 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 8 months 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. She will be able to come back before a year has passed? Could she extend her stay to perhaps 6 weeks or so?
Expert:  Guillermo J. Senmartin, Esq. replied 8 months 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 basically, she needs to spend more time in the U.S. than outside of the U.S. If that will not be possible, at least for now, she can apply for a Re-Entry Permit on form I-131. This will allow her to be outside of the U.S. for up to 2 years. She can use it for multiple trips. If she needs more time, she comes back before the 2 years ends and then she can apply for one more Re-Entry Permit for 2 more years. If she still needs more time, she can apply again, but after 4 years, they get harder and harder to get and often only grant them for one year at a time. At some point she will need to start living in the U.S. and spending more than 180 days per 12 months inside. Here is a link to the I-131: https://www.uscis.gov/i-131 The reason I say that she should try to stay at least 6 weeks when she comes back is that she has to stay at least for the fingerprints to be done and that can take 2 to 6 weeks or so. 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. If you do not see any stars or smiley faces, please at least leave a THANK YOU for me so I can let the administrators know. Your question thread does NOT close, so you can ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.
Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.
I am not sure why you refuse to respond when all I am trying to do is help. If she will be out a little more than a year due to health complications, she can try for an SB-1 visa. Here is a link: https://travel.state.gov/content/visas/en/immigrate/returning-residents.html But even then, she still needs to try to spend more time in the U.S. than outside of the U.S. Please don't forget that positive rating. I only keep mentioning it because if you can believe it, about 30% of people on this site don't leave a positive rating and since I am not given a salary to be here, it's as if I spent my time responding for free. So you can understand, that's like working 40 hours per week, 5 days a week and not being compensated for every Friday and most Thursdays. Talk about unfair! So I hope you leave that positive rating. Your question does NOT close if you forgot to ask something. You aren't charged again if you respond on the same thread. If you don't see the stars by my name, just let me know. Thank you for your understanding.
Expert:  Guillermo J. Senmartin, Esq. replied 8 months 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!
Expert:  Guillermo J. Senmartin, Esq. replied 7 months ago.
Hello. I'm just following up with you again to see how everything is going. Did my answer help? Please let me know. Thank you!
Expert:  Guillermo J. Senmartin, Esq. replied 7 months ago.
Hay algo mas que puedo hacer para usted? Si no, por favor de no olvidarse de dejar una opinion si la respuesta fue util. Si no deja una opinion positiva, entonces no me dan credito por ayudarle. No le cobran de nuevo y podemos seguir hablando sin cargos adicionales si usted tiene otras preguntas. Tambien, le pido que entienda que a veces la ley no tiene solucion y que si la respuesta es verdadera, la verdad siempre es util. Gracias!

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