Will my husband be able to use his green card after an 11 month absence? 2 Answers as of April 01, 2011

My husband has overstayed 11 months in Peru due to illness. Can he reenter the u.s with his green card?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Offices of Caro Kinsella
Law Offices of Caro Kinsella | Caro Kinsella, Esq.
If you are outside the U.S. for under one year then there is no automatic abondonment of the green card. When he re-enters the U.S. make sure he has proof that he was ill; thus preventing him from entering the U.S. sooner. Furthermore,he must show that his intent was always to return to the U.S. (such as mortgage, letter from employer etc.)
Answer Applies to: Florida
Replied: 4/1/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
Yes he can. He may be questioned by CBP when he arrives and should be able to explain that the reason he stayed out so long was beyond his control due to illness. He should bring proof of his illness with him when he travels.
Answer Applies to: California
Replied: 4/1/2011
Click to View More Answers: