act1980

Just a quick question.

My friend has PR status but has been out of the country for 2 years in May.

She is intending to go back but will she have to reapply as she has been out of the country for a long period of time?

How long can you be out of the States before you have to reapply?

She has PR through her marriage to a US citizen and has an American born 18 month old son.

Thanks!

scrubbedexpat099

What has she done to maintain her status?

act1980

She left in May 2008 and has not done anything since that.

Noorah101

It's very possible she has abandoned her PR status, if she did not apply for a re-entry permit before leaving the USA, she has not maintained a US residence, US banking, filed a US tax return, etc.

She can either formally turn in her green card and start over, or she can attempt to enter the USA using her green card and most likely have to go before an Immigration Judge to plead her case that she did not intend to abandon her PR status when she left the USA.

Rene

Noorah101

Here's a related thread, but there are plenty of them around here.

http://britishexpats.com/forum/showt...18#post8040218

Rene

act1980

If she turns in her green card will it be a fairly straight forward process getting it back?

Thanks.

Folinskyinla

Hi:

An excellent question. However, it is one I call "deceptively simple." It is simple in form but complicated in substance.

BTW, I am confused by the time line. You say your friend is female, been out of the US for two years and had a US born son six months after she left. This strikes me as a somewhat strange set of facts.

act1980

Hi,

He was born 3 months before they left the country. He will be 2 next Feb.

Noorah101

If her USC hubby has been living overseas for more than 6 months, they might be able to file an I-130 for her Immigrant Visa at the US Embassy there. He would file an I-130 and eventually she would go to a visa interview and get her Immigrant Visa. She would become a US PR upon entry to the USA using her Immigrant Visa.

If they are in the UK, the process takes about 5 months from start to finish.

You can search over in the US Marriage-Based Visa forum for posts on "Direct Consular Filing" or "DCF".

Rene

act1980

Thats great, he has been over here with her the whole time so I guess that is the road they will have to go down.

Many thanks!

Noorah101

Be sure to research how she should formally give up her current green card. There is a form she needs to fill out, I believe. I don't recall the details offhand.

Rene

act1980

Ok will do.

Thanks very much for all your help

katnap8

Hiya

The form is the I-407 , Abandonment of Lawful Permanent Resident Status. We had to do this form for my husband when we moved over to the UK. However, we are now in the process of trying to get him an Immigrant Visa to go back to the US.