Does my mother need a re-entry permit to return if she has a green card? 3 Answers as of April 11, 2011

My mom is green card holder. She left the US 9 months ago and wants to come back now. Does she need re-entry permit?

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Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
She can come back. However, she might be stopped at the border because she stayed outside the US for over 6 months. She needs a reasonable explanation that demonstrates she did not intend to abandon permanent residence. Good luck!
Answer Applies to: Florida
Replied: 4/11/2011
Law Offices of Caro Kinsella
Law Offices of Caro Kinsella | Caro Kinsella, Esq.
You can only file a re-entry permit before you depart the U.S. So if your mom departed before filing a re-entry permit she cannot do so while outside the U.S. I would advise her to return to the U.S. to avoid intent to abandon issues.
Answer Applies to: Florida
Replied: 4/11/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
You can only apply for a re-entry permit if you are in the US. She cannot apply for it outside the U.S. If this was her first trip of more than 6 months outside the U.S. she should not have a problem returning. However, she should be ready to explain why she was out for so long, and that she did not intend to abandon her Green Card when she left.
Answer Applies to: California
Replied: 4/11/2011
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