Out of US for over a year on GC

S

synergy1973

New Member
I"m hoping someone can help me. My mom got her green card in May 2009 in the US and had to leave suddenly to go back home to sell her house and wrap up my father's estate.

It looks like it's going to take over a year before she can come back. I am a little confused as to what she has to apply for to keep her green card if she is going to stay out of the country for over a year. I initially thought it was the I-131 form. But I also saw something about the N-470...

Can anyone help?
 
The Reentry Permit (applied with form I-131) is to preserve the green card during trips of a year or more. N-470 is to preserve continuous residence for naturalization purposes when working overseas for the US government or another qualified organization. Two different things.

The Reentry Permit needs to be applied for before leaving the US. She didn't apply for that when she was still in the US, so she needs to return to the US before completing a year outside the US, then she can leave again.
 
Thanks for the reply. So there is no possible way to extend her stay overseas without losing her green card
 
There's no battle for assets. Unfortunately we underestimated how long things take to complete in the third world. Just alot of bureaucracy. We got word that it was almost complete only to be disappointed when she got there.
 
Synergy,

There is a way, please read the following -

Returning Resident (SB-1) Visa

If you are a lawful permanent resident and you are unable to return to the United States within the travel validity period of a Permanent Resident Card (one year), or a Reentry Permit (two years), you may apply to the nearest U.S. consular office for a special immigrant Returning Resident (SB-1) visa. To qualify for this status, you must show that:

You were a lawful permanent resident when you departed the United States;

When you departed, you intended to return to the United States and you have maintained this intent;

You are returning from a temporary visit abroad and, if the stay was protracted, that it was caused by reasons beyond your control and for which you were not responsible; and

You are eligible for the immigrant visa in all other respects.

If you wish to apply for a Returning Resident (SB-1) visa, you should contact the nearest consular office well in advance of you intended travel (at least three months in advance, if possible) to permit sufficient time for visa processing.

If the returning Resident (SB-1) visa is refused on the grounds that you have given up your residence in the United States, it may or may not be possible to obtain a nonimmigrant visa, depending on whether you have established a residence abroad to which you will return. If you cannot submit convincing evidence of compelling ties abroad, you may have to apply for an immigrant visa on the same basis by which you immigrated originally, if that is possible.




synergy1973 said:
I"m hoping someone can help me. My mom got her green card in May 2009 in the US and had to leave suddenly to go back home to sell her house and wrap up my father's estate.

It looks like it's going to take over a year before she can come back. I am a little confused as to what she has to apply for to keep her green card if she is going to stay out of the country for over a year. I initially thought it was the I-131 form. But I also saw something about the N-470...

Can anyone help?
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