Legal Question in Immigration Law in Michigan
LPR reentry after 6months
We applied for a green card for my mother-in-law (an Indian citizen) while she was staying with us here in the US. We also applied for advance parole. When the latter was granted, she returned to India (Jan '09). A month later, in Feb '09, the green card arrived. She would like to return to the US in November �09 � ie 10 months after leaving. But we know that an absence of more than 6 months can cause problems. Three questions:
1. Since she has an advance parole and it does not expire until December �09, is this sufficient to cover all problems? Or does the parole -- the premise of which is a pending application for change of status -- become null upon the issuance of the green card?
2. To be safe, should we apply for a reentry permit?
3. Does one have to be in the US in order to apply for a reentry permit?
2 Answers from Attorneys
Re: LPR reentry after 6months
If your mother in law is a lawful permanent resident and has her green card (I-551), and she has stayed outside of the U.S. for LESS THAN 1 year, then she is not required to apply for re-entry permit -- she can enter with her green card. I caution you, however, from the facts you have provided there should not be any problem with a 10 month absence, but a caveat: make sure she doesn't take too many trips abroad or she will not accumulate the amount of residency required to apply for citizenship in five years. Good luck.
Re: LPR reentry after 6months
Your mother can enter as a permanent resident which she is however, because she has been out for more than 6 months, she will likely be questioned at the port of entry to see if she has abandoned her residency. She should have evidence of her intent to live in the U.S. permanently with her upon entry and she should not wait too much longer to return to the U.S. If we can be of further assistance, please email us.
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