World Journal Weekly Q & A - October 22, 2006

Q & A 1.


Q&A 1.

Legal Options Where Green Card Holders Have Been Out of The Country Longer Than Allowed by Law

Chen Reader asks:

My niece received her U.S. permanent resident in 1994. She came and went several times. The last time she left the U.S. was in April of 1997. Then, she stayed in Taiwan for medical treatments. Her green card expired in 2004. Now, she wants to come to the U.S. and live with me. Can she use her green card to come in? If not, what can she do?


Dear reader:

Unless your niece had a terrible problem with her health which absolutely precluded her from returning to the States, she has lost her right to permanent residence through remaining overseas for the past nine years. I suggest she can either try to explain such dire circumstances to the AIT and request a special immigrant visa if such happened, or if there were no dire circumstances, she can either try to re-immigrate herself to the U.S. through undergoing the immigration processs again (if that is possible at this time), or surrender the green card to the AIT and request a visitor's visa to the U.S. if her purpose is to visit only. If she has other purposes, she should seek the appropriate visa.

 

Copyright © 2003-2006 Alan Lee, Esq.
The information provided here is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office of Alan Lee or establish an attorney-client relationship.