Outside US for more than 3 years

futureuscitizen

Registered Users (C)
One of my friend used to stay in US from 1995 to 2003 and she had green card. Then she went to Spain and accepted a job there. By the way she is a citizen of Spain. After that contract got over, she got a job at the united nations in europe. But she thought because of the job at the UN, she doesnt have to go back to US for renewing the greencard. Big mistake!!

Its been 3 years since she is been outside the US

could anyone tell me any workaround for this one.

Thank you all.
 
Yeah big mistake !

Even if she had a reentry permit, it would only have protected the GC for 2years .
There is a visa for returning residents, but apparently, it won't work for her :
http://immigration.about.com/library/blpermres.htm
Permanent resident aliens who are unable to return to the United States within the travel validity period of the Alien Registration Receipt Card, or the Reentry Permit, may apply to the nearest U.S. consular office for a special immigrant Returning Resident (SB-1) visa. To qualify for such status aliens must show:
That they were lawful permanent residents when they departed the United States. -- That when they departed they intended to return to the United States and have maintained this intent: -- That they are returning from a temporary visit abroad and, if the stay was protracted, that it was caused by reasons beyond their control and for which they were not responsible; and -- That they are eligible for the immigrant visa in all other respects.--

After having been gone for 3years, it is very likely that you will be denied re-entry into the United States because the officer will probably say that you have not lawfully maintained US residency.

Even though that's not supposed to be enough, did she come to the US once in a while ?
 
futureuscitizen said:
One of my friend used to stay in US from 1995 to 2003 and she had

could anyone tell me any workaround for this one.

Thank you all.

If she was intending to keep permanent residence but lost it by staying too long abroad, she can apply for a new green card under the "returning residents" (SB-1) category. The category has no quota restriction, so it would probably take a few months. She can ask the US consulate in her local area about this.

Hope this helps,

Tamtom
 
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