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my sister had green card long time ago went back to india never…

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my sister had green card...
my sister had green card long time ago went back to india never renewed can she activate again
Submitted: 8 years ago.Category: Immigration Law
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Answered in 1 hour by:
6/24/2010
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 8 years ago
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,899
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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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.


Anyone that is a Lawful Permanent Resident (LPR) and is outside of the U.S. for more than 6 months in one year creates a rebutable 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, 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.

 

So she has abandoned her green card and cannot reinstate it. She would have to apply for a new one which could take a long time depending on what avenue she has to be able to apply for it. I am truly sorry.

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