Legal Question in Immigration Law in California

Married to US citizen but out of the country and wants to apply for a Greencard

Hello,

I have a friend who's been married to a US citizen since 1997. At the time, he received a 2-year Greencard, but never renewed it afterwards.

He left the country 2 years ago (his wife was studying and stayed) but is now considering coming back.

How should he proceed? Can he apply for a Greencard still? He's still married, although they have been separated for a couple of years.

Thank you.


Asked on 5/29/03, 7:51 am

3 Answers from Attorneys
Myron Morales Lee Lane Smith LLP

Re: Married to US citizen but out of the country and wants to apply for a Greenc

Unless he applied for a reentry permit, he may be deemed to have abandoned his permanent residence. It may be necessary to petition again.

[email protected]

Read more
Answered on 5/30/03, 4:36 pm
Larry L. Doan Law Office of Larry L. Doan

Re: Married to US citizen but out of the country and wants to apply for a Greenc

The 2-year green card required your friend to file a joint petition with his wife near its expiration in order to make it a permanent one. Since he didn't do that, his green card status was terminated. Any possible excuse has been waived because of the 4-year delay.

He'll have to apply again through the wife but there are issues with his having been out-of-status from 1999 to 2001 before leaving the US, so he'll probably be barred from immigrating back here for a number of years. Because of this and other details, your friend should consult with an experienced attorney.

Liem Doan, Esq.

Read more
Answered on 5/29/03, 3:38 pm
Amy Ghosh Law Offices of Amy Ghosh

Re: Married to US citizen but out of the country and wants to apply for a Greenc

His wife need to refile Spousal petition (I-130).

Please take a look at my site at www.lawyers.com/amyghosh

Read more
Answered on 5/29/03, 8:55 pm


Related Questions & Answers

More Immigration Law questions and answers in California