Legal Question in Immigration Law in New York

Your Open Question: Can I apply for a returning resident visa after more than year travel out of the usa?

Dear friends . I hope to get an answer for my question. I entered the us and my passport had an immigrant visa.on the visa it says that it serve as a temporary green card for one year.upon endorsement serve as a temporary green card vald for one year . I left the the us before I get the actual card due to family emergency case . I got the actual card . It was sent to my address in the us.my question is this. Can I still apply for a returning resident visa? The rule says that I can apply for it if I had the statue of a lawful permanent resident when I left the us.so is this endorsement on the visa can be counted as a permanent resident?


Asked on 3/08/13, 7:53 am

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

You should have applied for advance parole before you departed the U.S. Since you did not, you might be considered having abandoned your U.S. permanent residency. You should re-enter with your actual "greencard" & be prepared to explain why you left the country for such a long period of time without having obtained advance parole first. It would also be helpful to have evidence on hand to prove you did not intent to abandon your resident status when you left (such as U.S, bank accounts, U.S. real property owned, job in U.S., family in U.S., etc.).

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Answered on 3/08/13, 2:07 pm


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