Is there still a chance that I can get legal status? 3 Answers as of March 18, 2011

My father petitioned for me and my sisters to enter the US. We were able to get our green card more that 15yrs ago. When I got married I decided to stay with my husband in the Philippines and never had the chance to go back to the US. Now it’s been years and I was hoping if there's still a chance that I can regain my green card status. My father and sister are both US citizens living in the US.

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Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
Remaining outside the U.S. for more than one year creates a presumption that you abandoned your Green Card status. You do not say how long you have been living outside the U.S., but it appears its been more than one year. To overcome the presumption you have to show that at the time you left you intended to come back in less than one year and that circumstances beyond you control prevented you from doing so. Unfortunately, choosing to remain in the Philippines because you got married would not be such a circumstance. Your father and sister can petition you, but it will take 10-18 years before your can immigrant to the U.S.
Answer Applies to: California
Replied: 3/17/2011
Law Office of Michael E. Hendrickson
Law Office of Michael E. Hendrickson | Michael E. Hendrickson
Your father should be able to re-petition for you if you were never actually given lawful permanent residency (green card) status.
Answer Applies to: Virginia
Replied: 3/18/2011
Marie Michaud Attorney At Law
Marie Michaud Attorney At Law | Marie Michaud
Maybe you are an American citizen.Then you would have no issues. You did not provide the date you got your green card and the dates your parents became citizen. Under the old law, if both your parents became US citizen before you turned 18, and you already had your green card, you automatically obtained the US citizenship. Under the new law, you automatically become a US citizen if one parent becomes US citizen and you already have the green card.
Answer Applies to: California
Replied: 3/17/2011
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