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I am currently out of the US and would like to start the…

Customer Question
I am currently out...

I am currently out of the US and would like to start the process of renewing my Permanent Residency Card as it is due to expire in Nov 17 What would the process be?

Lawyer's Assistant: What is the expiration date? Has a renewal or extension request been made?

Expiration date is 11/22/2017 No have not started the renewal/extension process

Lawyer's Assistant: Have you talked to a lawyer?

Not yet

Submitted: 11 months ago.Category: Immigration Law
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Answered in 2 minutes by:
7/31/2017
Immigration Lawyer: KLAW, Lawyer replied 11 months ago
KLAW
KLAW, Lawyer
Category: Immigration Law
Satisfied Customers: 2,357
Experience: I have over 20 years of experience in commercial real estate law, finance, consumer credit, landlord tenant, and business law.
Verified
Good morning. How long have you been out of the country?
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Customer reply replied 11 months ago
About 8 months or so. I am working on a US-government funded project in Africa. I am planning to be back in the US sometime next month.
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 11 months ago
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,314
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
Verified

Hello! My name is***** and I am a licensed attorney with more than 15 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. Also, please do NOT click on the Opt Out button because if you do, it would prevent me from communicating with you and then it could take a long time before another expert responds to you.

I just ask that if it is bad news that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

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:

https://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence

Did you apply for a Re-Entry Permit before leaving the U.S.?

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Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 11 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.

If you did not apply for a Re-Entry Permit before leaving the U.S., then you may have a problem coming back. You are supposed to be spending more time in the U.S. than outside of the U.S. If you are able to make it back without them confiscating your green card and putting you in Removal Proceedings, if you are going to leave again, I strongly recommend applying for a Re-Entry Permit.

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! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

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Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 11 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!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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