Immigration Law

Immigration law questions? Ask an immigration lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

Thank you for your answer. Following from that, considering…

Hi. Thank you for your...
Hi. Thank you for your answer. Following from that, considering our limited time in the USA over the past few years is there any way we could actually renew our Residency Green Card? We have been in the US for a total of about 4 months per year or maybe less for about 5 years. Last year was less due to my wife's illness in the UK. We still own property, have investments, actually do a little work from time to time such as engineering design and consultancy work, and make and sell artwork. Our son is here permanently. We still want to travel widely. If we gave up the Green Card would I still be able to work and sell art?
Show More
Show Less
Ask Your Own Immigration Law Question
Answered in 1 hour by:
3/24/2018
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,855
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.

Please give me a few minutes to review your question and I will be right with you with an answer. Sorry for any delay. I may have to do some research and at the same time I read and type fast, but not that fast! Thank you for your patience.

Ask Your Own Immigration Law Question
Customer reply replied 4 months ago
Thank you. I had been consulting with Nisha Jones on Just Answer but when I tried to log back in to follow-up with the new question it wouldn't allow me - this is through a different account. The original was account***@******.***

Sorry for the delay. I just ask that if the news is not good 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.

So how long have you been outside of the U.S. at the point? Why? And you did not apply for a Re-Entry Permit?

Ask Your Own Immigration Law Question
Customer reply replied 4 months ago
We travel a lot, and our main family, including several grandchildren, are in the UK. We are both retired. We were planned to travel back to USA last Fall for a couple of months but my wife was taken ill in the UK and had to have a stent fitted, and ordered not to travel. She is still under that restriction and is also awaiting further tests by her specialist to have another stent fitted, now predicted to be late May or early June. I did not apply for a re-entry permit as I was unaware of such a thing and that this was needed. We would like to retain our residency for the reasons I have outlined rather than abandonment but not sure if this is feasible. I am currently in Florida but my wife is still in UK for the reasons I highlighted above.
Customer reply replied 4 months ago
Until I returned nearly two weeks ago we had been outside the US since last April.

So you are in the U.S. and she is outside of the U.S. and has been outside for more than a year? Or you are both now in the U.S.?

Ask Your Own Immigration Law Question
Customer reply replied 4 months ago
I am in the US. She is in the UK with a medical travel ban. I plan to return to UK on April 6, 2018

Ok. You should probably apply for a Re-Entry Permit on form I-131 so that you have no issues in abandonment of Residency. Here is a link:

https://www.uscis.gov/i-131

You don't have to wait for approval, you can have it mailed to you overseas but you do have to at least be in the U.S. for fingerprinting that can take 2 to 6 weeks or so after you file. And no, you cannot file one for your spouse because she has to be in the U.S. to file it. Over there she can apply for an SB-1 Retuning Resident visa. Here is a link:

https://travel.state.gov/content/travel/en/us-visas/immigrate/returning-resident.html

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.

Ask Your Own Immigration Law Question
Customer reply replied 4 months ago
OK, thank you. So when it comes to renewal of our residency next year is this likely to be a problem, and particularly our extensive time out of the USA over the years?

Renewal, no. Applying for U.S. Citizenship, yes. So don't apply for U.S. Citizenship until you have been spending more time in the U.S. than outside for 5 years or more.

Let me know if you need anything else, but please do not forget to rate me positively. 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 the stars or smiley faces, please scroll to the top of the page to see them or click on my name and they should come out. Also, we do NOT finish just because it says "Rate to Finish" or something like that. Your question does NOT close and you can continue to ask questions without additional charge on the same question thread even after you leave a positive rating. Thank you for your understanding!

Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,855
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
Verified
Guillermo Senmartin and 87 other Immigration Law Specialists are ready to help you
Ask your own question now

Thank you for the positive rating. If you would like to request me in the future for a different topic, please remember to put FOR GUILLERMO in the subject line and message box. Good luck to you!

Ask Your Own Immigration Law Question
Customer reply replied 4 months ago

Hi Quick follow-up question. The SB-1 returning resident looks very complicated procedure. Could she not just come back if it were only for a few weeks using the ESTA Visa Waiver program?

No. If she did that, she would be admitting that she was abandoning her green card and they might or might not let her in and IF they let her in it would be as a visitor.

Ask Your Own Immigration Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an immigration lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Guillermo Senmartin Your Own Question
Guillermo Senmartin
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,855
113,855 Satisfied Customers
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.

Guillermo Senmartin is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

4,009 satisfied customers

Private practice in several areas, including immigration

Wilton A. Person

Wilton A. Person

Immigration Lawyer

3,597 satisfied customers

Knowledgeable and experienced immigration lawyer.

Law Girl

Law Girl

Lawyer

451 satisfied customers

My law firm practices immigration law.

Gintare Grigaite

Gintare Grigaite

Immigration Attorney

186 satisfied customers

Expert Immigration Attorney

TheLeadCounsel

TheLeadCounsel

Immigration Attorney

17 satisfied customers

Immigration and Naturalization

Charlotte E. Viener, Esq.

Charlotte E. Viener, Esq.

Lawyer

12 satisfied customers

Over 10+ years handling all aspects of Immigration Law.

Guillermo Senmartin

Guillermo Senmartin

Immigration Attorney

113,855 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

< Previous | Next >

Related Immigration Law Questions
I have a question about my ex partner emigrating to the USA
i have a question about my ex partner emigrating to the USA if thats ok … read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
113,855 satisfied customers
I am currently living in the UK and have 500k USD in my bank
I am currently living in the UK and have 500k USD in my bank account. I want to use it to get the EB5 visa. What is the first step to start this process and how long does it usually take until I can g… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
113,855 satisfied customers
My wife and I both have cards which are due to expire in
My wife and I both have green cards which are due to expire in 2019. We are from UK and spend most of our time in Europe. I guess we should relinquish our residency status although we will still want … read more
Nisha Jones
Nisha Jones
Juris Doctorate
3,458 satisfied customers
Me and my wife were entering USA with ESTA (we are
Hello Pearl, Me and my wife were entering USA with ESTA (we are Hungarians) and were denied to enter in the USA under 8 CFR 217.4(a)(1). We were told by an immigration officer, that on base of my (hon… read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
Hii. I want to ask about invesment visa EB5 I, highly
Hii. I want to ask about invesment visa EB5 I, highly interested about investment in USA my family consist of 5 pesrsons wife and 4 kids.I, am Jordanian & 40 years old and working as Engineer. your pr… read more
Taylor
Taylor
Attorney
Juris Doctor
214 satisfied customers
My wife and I are British citizens but are US residents with
Hi. My wife and I are British citizens but are US residents with Permanent Resident Cards valid until 2019. We own property in Florida, file annual tax returns, and are subscribed to 'Obamacare'. We o… read more
KLAW
KLAW
Juris Doctorate
2,386 satisfied customers
My cases just got to the US state department. My wife and
My cases just got to the US state department. My wife and her daughter are both immigrating. We want to have them come at the same time. Is there any issues to worry about if after a week or two the d… read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
My family and I are British citizens living in the US for
My family and I are British citizens living in the US for 10+ years. We are permanent US residents. I have several questions that I need answered on US permanent resident card and US citizenship 1. If… read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
I am a Kenyan citizen did my mechanical engineering from Youngstown
I am a Kenyan citizen did my mechanical engineering from Youngstown state university from 1976 to 1979. I worked in various company in Cleveland in 1979 and applied for a green card during the same pe… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
113,855 satisfied customers
Hello, my British husbands 10-year Green Card expired 2 years
Hello, my British husband's 10-year Green Card expired 2 years ago. We forgot to renew it because from 2010-2012 we were in the midst of losing our house due to the 2010 economic fallout, and because … read more
Wilton A. Person
Wilton A. Person
Immigration Lawyer
Juris Doctorate
3,597 satisfied customers
My wife and I and my 2 children have green cards for the USA.
My wife and I and my 2 children have green cards for the USA. My eldest daughter although coming with to us to initalise our green cards, went back to the UK to finish her studying. She came out to vi… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,492 satisfied customers
Hi, I have had a response from Judith via Berni Price who
Hi, I have had a response from Judith via Berni Price who is my step father. I have lost my Green Card but have been out of the USA for more than six months. Can I simply file an I90 online for this t… read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
My wife and my step son hold 2 conditional green cards. Their
My wife and my step son hold 2 conditional green cards. Their conditional green cards will be expired in April, 2012. My wife lives in China most of the time to take care of her sick mother and my ste… read more
Expert James
Expert James
Doctoral Degree
12,468 satisfied customers
My wife and I are now retired and live in the UK and are UK
My wife and I are now retired and live in the UK and are UK citizens. We wish to purchase a house in New York State. How long can we live in the house once purchased in the USA as I believe there is a… read more
Georgetown Lawyer
Georgetown Lawyer
Principal Attorney
Post-Doctoral Degree
11,193 satisfied customers
Back in 2006, My Family was supposed to attend a deportation
Back in 2006, My Family was supposed to attend a deportation removal (reason for the deportation was my father failed to submit a re-entry form as we are living overseas outside the United States). We… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
113,855 satisfied customers
I am a UK citizen/passport holder. I also own a home in Utah.
I am a UK citizen/passport holder. I also own a home in Utah. How many days a year can I spend in the USA? Also, is it possible for me to get a Green Card. I am financially secure with homes in the UK… read more
Wilton A. Person
Wilton A. Person
Immigration Lawyer
Juris Doctorate
3,597 satisfied customers
I-have-left-the-US-for-my-husband-I-gave-up-my-permanent-D
I-have-left-the-US-for-my-husband-I-gave-up-my-permanent-Director-position-in-the-US-so-my-Husband-could-accept-oversees-employment-but-what-he-did-not-make-clear-and-is-now-very-confusing-t o-me-what… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
113,855 satisfied customers
can a retired british citizen who holds us social securtiy
can a retired british citizen who holds us social securtiy card and also a male who has both green card and social security number, but both the male and the female have lived in the uk for 24 years s… read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x