Permament GC, Husband died, overseas longer than 1 year, child is a citizen, need help coming back

#1
I'm asking this for a friend who went to her home country to help her mother. Her PGC is good until April 2018. She has a child from her marriage who is a Citizen and a child with PGC. All have been out of the Country for 8 years.

Her Husband has visited every year they've been outside of the Country. She is on his Tax Forms and on Checking and Savings Accounts (joint accounts).

Her husband died mid-Sept and she's having problems getting back into the country. She is a Beneficiary of a Life Insurance Policy, 401k, pension, and the balance of his Estate in Wisconsin according to how they give Estate (no will). The Estate and Life Insurance is in the mid 6 figures in value.

Surely there has to be a way for her to re-enter the Country. I've seen and read the page on widows/widowers on the DHS website, but see nothing about re-entering this way with a PGC. dhs.gov/survivor-benefits-widows-and-widowers-us-citizens

She's confused trying to figure the maze out.

It appears the quickest way would be to give up her GC and to apply for the above way to re-enter. Anyone have experienced this or can help with suggestions?

Best Wishes.

 

Sm1smom

Super Moderator
#2
Unfortunately for your friend, she is deemed to have abandoned permanent residency regardless of the fact that her GC shows an expiration date of 2018 - she’s been out of the country for 8 years.

I don’t know of a quick or easy way for her to return to the US.
 

newacct

Well-Known Member
#3
You mean she left the US 8 years ago and never went back? Although being outside the US for more than 1 year doesn't necessarily mean she abandoned residence, and if she still had a valid card she could try to enter and let the officer and/or immigration judge determine whether she abandoned residence, I think at 8 years is so long that they will definitely say she has abandoned residence.

I would say her best best would probably be, yes, apply to immigrate from scratch as a widow. If you are saying she has a child who was also a permanent resident, this child probably also abandoned residence, and can immigrate as the derivative of a widow.
 
#4
yes it's been 8 years her mother had health problems with no one to assist her. I figured DHS would say she and her other daughter abandoned her GC status. Thanks for the ideas. They are much appreciated.
 
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