Legal Question in Immigration Law in Texas

greencard

I am a U.S citizon. I applied greencard for my husband in China, and he got his greencard in 2005. In march 2006, my husband's mom passed away, he went back to China for the funeral, after get everything settled and comfort his old Dad, he is ready to come back. It has been over 9 months he is out of U.S. is his greencard considered expired? how can he come back to U.S now? we are really worried. is there anything we can do to make him come back?


Asked on 1/11/07, 12:27 am

1 Answer from Attorneys
Carol Saliba Attorney at Law

Re: greencard

Since he's been out of the country for more than six months, he will be presumed to have abandoned his residency, unless he can overcome this presumption with appropriate documentary evidence to 1) prove that his mother passed away, and 2) he continued to maintain his residency in the U.S.

If he does 1 and 2, he should be fine.

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Answered on 1/11/07, 11:48 am


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