Legal Question in Immigration Law in California

Intering the U.S and getting the U.S citizenship

I have a relative who has the Green Card since 1980 went to the U.S every year since,but since 1994 she didn,t .What is her status now if she want to go to the U.S? and what are the requirements to be a U.S citizen?by the way she is currently married with amirican citizen.


Asked on 3/26/01, 6:14 pm

2 Answers from Attorneys
Larry L. Doan Law Office of Larry L. Doan

Re: Intering the U.S and getting the U.S citizenship

If she hasn't been in the US at all since 1994 as you say, she doesn't have a valid green card anymore. In other words, she's lost her permanent residence. The INS will realize this when she comes to the US the next time. They will either force her to leave or allow her to be paroled into the US so she can apply for a new green card through her husband. Citizenship is out of the question for now.

Liem Doan, Esq.

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Answered on 5/30/01, 8:56 pm
Vivian Szawarc Law Offices of Vivian N. Szawarc

Re: Intering the U.S and getting the U.S citizenship

If you leave USA for more than 365 days you loose your legal permanent residency (except certain circumstances, such as her husband is in the military) Whenever she comes through an airport, she will probably be checked and they will take away her card and placed in proceedings. She will then have to get a new card while going to court. It might be better for her to get a new card through her husband before coming. Citizenship is out of the question as she needs to prove five years of continuous physical presence in USA prior to applying.

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Answered on 5/30/01, 9:11 pm


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