Legal Question in Immigration Law in California

Re-Immigrating to USA after long absence

I lived in the USA as a student with my sister from 1966 to 1971. I returned again in 1978 and married a US Citizen. In 1982 we decided to move back to my home in New Zealand. We had 2 children in NZ who are US Citizens(now age 19 and 17) We divorced and my wife returned to the USA with the Children in 1992. I am remarried to a New Zealander and have 2 children age 6 and 3. My Green Card was issued in 1979 and has no expiry date, however I have been absent since 1982 apart from 2 recent visits in 2001 and 2003 for my childrens H.S Graduations. I wish to return to the USA and become a naturalised US Citizen. I have lived a total of 10 years (legally) in the USA. I have no criminal convictions. I have been told I must wait until my US children reach 21 to petition. Can the fact that I lived from age 11 to 16 as a student,& 22 to 27 as an immigrant speed up the process. I can get a guarantee of employment in the USA, and I would be bringing my New Zealand Wife and 2 Children. I also have a sister and 2 nephews in the USA


Asked on 7/22/03, 10:19 pm

1 Answer from Attorneys
Myron Morales Lee Lane Smith LLP

Re: Re-Immigrating to USA after long absence

Maintenance of Lawful Permanent Residence requires continuous presence in the US. Since you have been outside of the US for more than a year without a reentry permit, it is most probable that you will be deemed to have abandoned your LPR status. You will need to find another way to immigrate, either through a job or a relative.

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Answered on 7/23/03, 9:51 am


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