Legal Question in Immigration Law in California

You can't renew your card because it appears that you have abandoned your permanent residency.

One of your US citizen parents can petition for you. Depending on your age, marital status -- it could be at least several years until you will be able to apply for an immigrant visa. If you are single and under 21, then you can emigrate possibly within a year.

If you�d like to schedule a confidential telephone or email legal consultation, need advice or help, please let me know and I�d be glad to help you. Contact email address: Attorney [@] law-visa-usa.com or LubaSmal [@] yahoo.com . I offer legal consultations and can assist in matters of the U.S. federal immigration law to clients from all 50 States and internationally.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. If you would like to request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, we can offer a consultation by telephone or email to clients from all States and globally. We speak English and Russian. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details.

You might try to renew your green card. If USCIS denies your renewal application due to absence in the U.S, your parent might file a new petition for your green card. We suggest you to consult with an immigration attorney.

You may visit our website at www.medinalawgroup.net. Our telephone number is 714-786-6835 and email is [email protected]. Thank you.

The above reply is for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site does not create an attorney-client relationship.

I would strongly argue that your time abroad was not intended at the time of departure. The fact that you also waited another 1.5 years after you might have returned to do something about this could pose a problem, but perhaps not. The way to do it is to request a Special Immigrant Visa. This is a visa necessary for permanent residents who have been absent from the U.S. for more than a year - unless you have a Re-Entry Permit issued to you. The fact that you served in the Iranian military could pose security clearance issues, but if you are admissible to the U.S. you should vigorously assert your permanent resident status. For that you will need really good counsel.

The above is not legal advice but general information only. It does not form an attorney client relationship. For further information, write to me at [email protected] or call 818 609 1953.

Sincerely,

Alice Yardum-Hunter, Attorney at Law

Certified Specialist, Immigration & Nationality Law

State Bar of CA., Bd. of Legal Specialization

I agree with the last answer. A special immigrant visa (called an SB-1 Visa) may be what you should try at first. Having one of your U.S. citizen parents petition for you may take longer. But you may want to consider having the relative petition filed as a backup just in case.

Hello:

You can make the petition for nonabandonment of residency at the U.S. Consulate. If they say no, then you may have to be petitioned again. However, if you were physically unable to return and can prove you still had ties and assets in the U.S., along with the intent not to abandon your residency, you might be able get it approved.