if I have a green card and have been out of the US for 11 months because my mom is gravely ill, do I need to come back before it’s 1 year?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
if I have a green card and have been out of the US for 11 months because my mom is gravely ill, do I need to come back before it’s 1 year?
After living for 2 years in the US under asylum, I obtained my green card 18 months ago. Since receiving the green card I was in the US for 6 months when I found out that my mother is gravely ill (not in my home country). I have been taking care of her for the past 11 months as I am her only daughter. I don’t want to lose my green card but do I need to return to the US before it becomes 12 months? My life is in the US, but because of the extreme circumstances I really need to be with my mother for now, isn’t there a way to let the US government know of my special situation?
Asked on April 17, 2013 under Immigration Law, New York
Answers:
Harun Kazmi / Kazmi and Sakata Attorneys at Law
Answered 11 years ago | Contributor
You may voluntarily give up your US residency if yo do not return in 12 months. However, you can obtain and get it back as a "Returning Resident" by applying tot he Embassy and showing the extenuating circumstances on why you stayed out for a year. It is best for you to come back and apply for a "re-entry" permit, which allows you to stay out for 2 years. However, you must file in the US and stay about a month for your biometrics appointment.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.