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Maintaining Family Based Greencard

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  • Maintaining Family Based Greencard

    Hi,
    My friend, who is a US citizen sponsored greencard for his father who was back home in Africa. His father was in US for almost a year and is now in Africa for almost 6 months. He wants to stay in Africa for another 6 months, due to family issues and come back to US later. I have few questions:

    1. Will he have any problem during reentry to US after living almost for one year outside US?
    2. For how many months or years will his green card be valid if he doesn't return to US soon?
    3. Is there any way he can remain in Africa for few years without losing his green card?
    4. If he lose his greencard now, can his same son or a daughter (who is also a citizen) sponsor green card for him next time? say after 2 yrs or 5 yrs?

    Thank you for your information/ advice in advance.

  • #2
    A Re-Entry Permit Is Your Friend

    1. It is, technically, allowable to travel outside of the US for less than one year and retain your status. However, even when being abroad for less than one year, if you have taken lawful residence in another country, it can be assumed that you have abandoned your status.

    2. I guess that would be 364 days. Your greencard becomes invalid for re-entry to the US if you have been absent 1 year or longer.

    3. With a re-entry permit, you can remain outside of the US for up to 2 years. Unfortunately, you have to apply for the permit while in the US. If outside of the US for 1 year or longer, and without a re-entry permit, he should contact the nearest US Consulate and inquire about a returning resident visa.

    4. I don't know but assume the same son can re-sponsor him should he lose his greencard.

    I believe if it is assumed he has abandoned his status, he should still get an opportunity to plead his case before an immigration judge.

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