Can someone with a green card re-enter the US? 3 Answers as of May 31, 2011

My husband has been in Peru for 13 months due to personal problems with his mom. Will he be able to reenter or is his green card not valid anymore? please advise

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World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
He is over the limit but I think he should bring himself back to the US ASAP. At the airport he will be asked how long he has been out for . . . In some cases and with documentation, he may be able to get away with a few months without being dragged in front of an Immigration Judge who will pretty much let him keep his green card. But normally, the maximum amount of time allowed is under 6 months and in no case more than 11months and 29 days. Tell him to get going. Next time, he should file the I-191 and that way he can stay outside the US for up to 2 years without consequences. Good luck!
Answer Applies to: California
Replied: 5/31/2011
Law Office of Christine Troy
Law Office of Christine Troy | Christine Troy
That is going to be tricky. After a person is out for 12 months, the law states his status is automatically revoked. However there is case law where a person is still able to retain status if he or she can prove that they always had the intent to retain their status. Your husband should expect to be hassled at the border but under no circumstances should he give up the card or sign any documents giving up his status. He needs to keep stating that he lives here and only was out for that reason. He should have proof of his mother's illness, ie doctors' letter, etc. They will probably let him in and then start proceedings to take away his status. You should consult now with a competent immigration attorney to develop a plan before he reenters the US.
Answer Applies to: California
Replied: 5/27/2011
Immigration Law Offices of Misiti Global, PLLC.
Immigration Law Offices of Misiti Global, PLLC. | Nicklaus Misiti
There may be a rebuttable presumption he abandoned his green card. Rebuttable means he can fight it. You should speak to an immigration attorney to decide whether you need to refile. For a free consultation you may contact my office or follow the link and fill out the form on my website.
Answer Applies to: New York
Replied: 5/26/2011
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