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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 107285
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I have permanent visa, i m here in the u.s only a month, no,

Customer Question

Hello
JA: Hello. What do you want help with?
Customer: I have permanent visa
JA: What is your official status? Do you have any pending applications or petitions with USCIS?
Customer: i m here in the u.s only a month
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you think the lawyer should know?
Customer: is a quick question
JA: OK. Got it. 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 then connect you two.
Submitted: 9 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 9 months ago.

Hello! My name is***** and I am a licensed attorney with more than 14 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.

I'm a little confused. You are here only for one month, but you have a permanent visa. You mean to say that you have U.S. Lawful Permanent Residency? If so, why are you only here for one month?

Customer: replied 9 months ago.
Hello! I´m from Lima Peru, and I am going to travel with my husband and kids to the U.S because the U.S embassy here in Lima gave my husband and my kids and for me the permanent visa (my mom is u.s citizen and ask for the permanent visa for me my husband and children). But I only want to stay with my family one month in the U.S to receive my social security number and then return to Lima because here in Lima my son was diagnosis with autism and I want him to get therapy in my birth country. Is it possible to apply for a reentry permit? I plan to enter to the U.S an stay only a month to receive me and my family the social secuirity number and then apply to the reentry permit, is that possible? My son needs therapy for about two years then I can get back to the U.S and try to work there, is that possible?
Expert:  Guillermo J. Senmartin, Esq. replied 9 months ago.

This is a problem. A Lawful Permanent Residency is for someone that intends to permanently reside in the U.S. and is actually doing so. Not for someone that is just coming to the U.S. to visit from time to time.

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

This may become a problem in one of your trips back into the U.S., when you apply to renew your residency card, or when you apply for U.S. Citizenship.

So basically, you need to spend more time in the U.S. than outside of the U.S. If that will not be possible, at least at the beginning, once you have U.S. Lawful Permanent Residency, you can apply for a Re-Entry Permit on form I-131. This will allow you to be outside of the U.S. for up to 2 years. You can use it for multiple trips. If you need more time, you come back before the 2 years ends and then you can apply for one more Re-Entry Permit for 2 more years. If you still need more time, you 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 you 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

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 9 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 9 months ago.

Thank you for your kindness and respect. Good luck to you.

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