After getting of GC and stay more than 1 year

[mohan987]

Hi All,

I and my wife got Green Card on Aug 10th 2008 but wife and son went to India on May 28th 2008 in this time her status is H4 only and my son status is US Citizen and both are coming from india to USA on Aug 27th 2009

Is it problem for her green card while coming to USA at port of entry , it is more than one year stay outside of the USA.

Note : Now I lost my job for last 6 months .

Please let me know any suggestions and procedure

Thanks
Mohan Krishna

[PraetorianXI]

You wife can not enter if it has been more than 1 year since the GC was approved.

[mohan987]

After getting of GC and stay more than 1 year

Hi PraetorianXI

Thanks for your reply of my response.

If my wife has more than one year of out of USA then she can apply for reentry permit in the US Consulate then no problem for port of entry in USA
Now She unable come to USA due to medical emergency.

case 2: suppose it is less than 1 year of out of the USA then no problem for her GC



Please let me know any suggestion

Thanks
mohan Krishna

[PraetorianXI]

the re-entry permit is to be applied in the USA, before you leave.

any absence of 6 months or more is presumed to have abandoned residency. In her case, she never took residency... she left the USA without being a green card holder, she then became one while abroad and never entered the USA since... you need to consult an immigration attorney.