sister out of the US for 15 months

[proudate 0]

my sister was petitioned by our USC father. she was now out of the country for 15 months with no re entry permit. can she come back without repercussions?

[Cody and Daisy 373]

She has been out of the states for too long and therefore abandoned her resident status. (That's assuming she got her green card)

I believe she may have to apply for a re entry permit.

I'll let someone else confirm that.

[Cody and Daisy 373]

Does travel outside the United States affect my permanent resident status?

Permanent residents are free to travel outside the United States, and temporary or brief travel usually does not affect your permanent resident status. If it is determined, however, that you did not intend to make the United States your permanent home, you will be found to have abandoned your permanent resident status. A general guide used is whether you have been absent from the United States for more than a year. Abandonment may be found to occur in trips of less than a year where it is believed you did not intend to make the United States your permanent residence. While brief trips abroad generally are not problematic, the officer may consider criteria such as whether your intention was to visit abroad only temporarily, whether you maintained U.S. family and community ties, maintained U.S employment, filed U.S. income taxes as a resident, or otherwise established your intention to return to the United States as your permanent home. Other factors that may be considered include whether you maintained a U.S. mailing address, kept U.S. bank accounts and a valid U.S. drivers license, own property or run a business in the United States, or any other evidence that supports the temporary nature of your absence.

[Boiler 45,520]

Why has she been gone so long?

[proudate 0]

she was in love with this girl ( she is lesbian) then they broke up...

[Hypnos 6,576]

After a year outside of the US without a re-entry permit there is a presumption in law that she abandoned her residency.

Her green card is gone.

[Boiler 45,520]

You can lose your PR in a day, you make it sound like she packed up and left?

[Dave&Roza 748]

my sister was petitioned by our USC father. she was now out of the country for 15 months with no re entry permit. can she come back without repercussions?

She can apply for a tourist visa which will in all likelihood be denied or her father can petition for her again or she can find someone in the US and either go the fiancee or spousal vsa route. She made her choice and now has to live with it.

Dave

[apple21 953]

my sister was petitioned by our USC father. she was now out of the country for 15 months with no re entry permit. can she come back without repercussions?

Without repercussions? I doubt that but she can try. Worst case they take her GC she won't be allowed entry to the US.

She can apply for a returning resident visa at the US embassy but its not a guaranteed approval.

[apple21 953]

Returning resident visa is SB-1.

[Hypnos 6,576]

To successfully obtain an SB-1 returning resident visa the applicant must show that they not only intended to return to the US, but that their reasons for staying abroad were both exigent and beyond their control.

Given that facts as stated, she would be unlikely to qualify under this threshold.

[Boiler 45,520]

Obviously we know little of the details, but if her GC is still in date which it probably is then a border run and if needed argue i out in front of an IJ would be the way I would go.

[apple21 953]

She can TRY. Why give up easily?

[Cathi 5,750]

She has been out of the states for too long and therefore abandoned her resident status. (That's assuming she got her green card)

I believe she may have to apply for a re entry permit.

I'll let someone else confirm that.

a re-entry permit has to be applied for from the US before leaving. If you don't know and answer, don't guess. After 12 months of continuous living outside the US the green card was abandoned.

[Cody and Daisy 373]

a re-entry permit has to be applied for from the US before leaving. If you don't know and answer, don't guess. After 12 months of continuous living outside the US the green card was abandoned.

Rude much?

I didn't say it was correct I said "I believe" and that I would let someone else correct me.

I don't mind being corrected because that's how you learn.

Edited April 14, 2015 by Cody and Daisy