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My wife and I received our PR status in 2007. We have been

My wife and I received...

My wife and I received our PR status in 2007. We have been living outside of the US since late 2007 and have a son that was born in the US and a son that was born outside the US so he does not have any status in the US.


We have a business in the US and both collect salary from this business and pay and file our 1040 US tax-return every year. I have been travelling back to the US on a regular basis to take care of the business but have generally only stayed a couple of weeks at a time. We are now looking to move back to the US as our oldest son is starting school and also as our business is growing and require more attention.


 


The questions are:


1. Has my wife's status lapsed?


2. Has my status lapsed?


3. What type of status does our 4 year old son that is born outside of the US have and can he enter the US as a dependent?


 


Thanks in advance for your help.

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Answered in 4 hours by:
8/18/2013
Expert James
Expert James, Lawyer
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Did eiter of you remain outside of the US for 1 year or more, without a Re-Entry Permit?
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Customer reply replied 4 years ago

 


My wife has stayed outside the US since late 2007. I have been in the US approx. every 6 months so I have entry stamps every year.


 

Hi there,

Thanks for the information, and sorry for the delay. I was logged out of the system when you responded. This happens from time to time. Thank you for your patience and understanding.

Also, please know that wile I always do my best to help customers come up with a good solution, from time to time, the law does not provide a good solution to every situation. Unfortunately, I cannot change that. I am only here as an information source, so please do not hold bad news against me by giving me a negative rating.

QUESTION 1: Has my wife's status lapsed?

ANSWER: Yes. Unfortunately, when a permanent resident has been absent from the US for 1 year or more, without permission from the USCIS, the alien automatically abandons permanent resident status, by operation of law. The only way to get it back is to start the green card process from the beginning again. They cannot use the original petition that was filed for them. Everything must start from the very beginning.

QUESTION 2: Has my status lapsed?

ANSWER: No, it appears your status has not automatically lapsed. But please be advised that if an officer has reason to believe that you did not intend to live and work in the US as a permanent resident, they can, and often do, request that you surrender your permanent resident card and status, or at the very least show that you have maintained strong ties to the US to satisfy the officer that you did not intend to abandon your permanent resident status.

QUESTION 3: What type of status does our 4 year old son that is born outside of the US have and can he enter the US as a dependent?

ANSWER: The child has no status or right to enter the US, even as a dependent of you, a permanent resident. The only way the child can enter is on a visitor visa or if you sponsor the child for permanent resident status through the US consulate abroad. They cannot enter as a dependent of a permanent resident, simply by virtue of the fact that a parent is a permanent resident.

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