Legal Question in Immigration Law in California

Staying abroad for longer than 1 year without obtaining first a valid reentry permit can cause loss of a permanent resident status (green card) by abandonment.

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Abandonment isn't the outcome 100% of the time. Aliens outside the US for more than a year at a time are supposed to apply for special immigrant visas and at their consular interviews at Embassy/Consulate where they are, their intentions in being out of the US are examined: did they intend to depart permanently? Were they indifferent? Were there issues that kept them away?

I have seen people who have even filed for visitor visas after being gone for years able to secure permanent residence and even without the special immigrant visa, but these cases must handled carefully to avoid mishap, confusion and great disappointment.

The above is general information and not legal advice. It does not form an attorney client relationship. For further information, feel free to contact [email protected] or 818 609 1953.

Sincerely,

Alice Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law

State Bar of CA, Bd. of Legal Specialization