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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?
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Answered in 1 hour by:
3/24/2018
Guillermo Senmartin
Category: Immigration Law
Satisfied Customers: 112,036
Experience: Of Counsel at Jorge A. Fernandez, P.A.
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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.

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Customer reply replied 1 month 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?

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Customer reply replied 1 month 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 1 month 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.?

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Customer reply replied 1 month 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.

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Customer reply replied 1 month 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
Category: Immigration Law
Satisfied Customers: 112,036
Experience: Of Counsel at Jorge A. Fernandez, P.A.
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Guillermo Senmartin and 87 other Immigration Law Specialists are ready to help you
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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!

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Customer reply replied 23 days 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.

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