Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
My friend's situation is very complicated. He is gay and obtained asylum in the USA and obtained a green card in 2007 after living in the USA for 7 years. At the end of 2009, he left to visit his mother which should have been a short trip. While there, his mother had stroke and he began to take care of her. He thought her condition would be temporary, but her situation continued to worsen. Her situation worsened as she developed alzheimer's. He stayed there to take care of her. He stayed until his sister moved to his city to take over. He now wants to come back. He couldn't leave her during this time and was afraid to leave the country and come back based on his asylum.
I know that people have been allowed to stay out of the country based on unforeseen circumstances or events which have a reasonable possibility of occurring within a short period of time to make the stay be considered temporary.
There have been people who have been allowed to stay out of the country for 5 years taking care of a parent
For example, in a case where an LPR stayed abroad 6 years to care for her mother’s illnesses before she died and another three years to care for her depressed father, the court determined that the LPR’s stay abroad wasn’t temporary because it wasn’t contingent on events that could reasonably be expected to occur within a relatively short period.
In another case, an LPR stayed abroad for five years to care for her mother who had been hospitalized for a perforated ulcer. At the end of the five years, the LPR’s sister separated from her husband and took charge of the care. The court opined that these events had a reasonable possibility of occurring within a relatively short period of time so the stay abroad was “temporary.”
That is something your friend has to take up with USICS.
There is an "unforeseen clause" for Green card holders.
As you do not and probably cannot give details about the Green Card based on asylum I have a question - your friend's Green Card was based on asylum (danger to his life) but he returned to his country of origin in 2009 on his own free will? Five years later he wants to return to his life in the US which is based on prosecution in his home country? ???
If at a port of entry a CBP Officer issues a removal proceeding in Immigration Court to make a determination that a person has abandoned his LPR status, is the person detained before the immigration hearing or can he enter the country and show up to the hearing at a later date?
I can't believe one simple question no one is asking....if you have not been in the USA for 4 years....just how are you permanently residing here? That simply defies the laws of logic, let alone the laws of America. I mean...who goes on vacation for 4 years? We're lucky if we can take a 4 day vacation. And we just stay local. We can't go abroad for a 4 year vacation.
And yes, INS makes no decisions for anyone. They were disbanded like 12 years ago.
This is a question which should absolutely be directed to an immigration lawyer.
Immigration lawyers are scammers and criminals. Even USCIS will tell you right on their site not to use one. WHy would you need one?
His answer is simple. He has been out of the country for over a year. Clearly not permanently residing here. He has to apply for a new green card. He can apply as an immigrant formerly admitted for permanent residence. Which, after abandoning it, may not be granted.
All easy stuff you can do on your own. It sounds either horribly lazy, or promoting a dodgy business to just say "contact an immigration attorney!" like they have some special power to get you into America.
Not true. There are many immigration lawyers who make their living from people who are unwilling or unable to go through a bunch of relatively simple forms and provide the information requested but there are some cases which are beyond the scope of information one can find via USCIS where the services of a competent immigration attorney are invaluable. Given the complexity of this particular case I'm of the opinion that this one of them.
I can't believe one simple question no one is asking....if you have not been in the USA for 4 years....just how are you permanently residing here? That simply defies the laws of logic, let alone the laws of America. I mean...who goes on vacation for 4 years? We're lucky if we can take a 4 day vacation. And we just stay local. We can't go abroad for a 4 year vacation.
And yes, INS makes no decisions for anyone. They were disbanded like 12 years ago.
Immigration law has provisions for special circumstances.
I do not see the connection between your personal vacation situation and US immigration.
Immigration lawyers are scammers and criminals. Even USCIS will tell you right on their site not to use one. WHy would you need one?
My daughter in law used an immigration attorney, despite the fact that both she and my son are intelligent and educated, to make sure things did not get screwed up. I read the information for spouses of citizens, and the process is neither simple nor intuitive. The lawyer she used was recommended by my son's aunt, who is also an attorney.
Part of having a green card is also linked to paying taxes. If you never pay taxes and have no residence in the USA then it is harder to keep your green card.
The person in question was not on vacation. He was facing an unforeseen circumstance of having to care for a person. There are many instances which a person has been out of the country for 5 years and allowed to return based on unforeseen circumstances. And yes, we all know INS does not exist now...it is a term that people still use in vernacular language.
So has the person in question yet consulted with a lawyer?
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
