Orlando, FL asked in Immigration Law for Florida

Q: Hello! Mi niece (17yo), was issue an I-193, SB-1 and 211 (b)

Hello!

Mi niece (17yo), was issue an I-193, SB-1 and 211 (b) while entering Puerto Rico and was allow to stay. What all that means? Is she loosing her Green Card? Does she have to file any paperwork or apply again?

Can she travel to FL with me and get enrolled in High School? Thanks

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1 Lawyer Answer

A: It sounds as though your niece, after having acquired lawful permanent resident status, departed the United States and then remained outside of the United States for more than 1 year. Generally, that can pose problems with trying to reenter using one's green card, as U.S. Customs & Border Protection might allege that the person abandoned lawful permanent resident status. HOWEVER, as explained on the U.S. Department of State's website, one can try to get an SB-1 returning resident visa to avoid such allegations. It sounds as though that is what your niece did. See the following Department of State webpage for more information: https://travel.state.gov/content/visas/en/immigrate/returning-residents.html

Did your niece apply for and receive an SB-1 visa? Perhaps schedule a consultation with a competent immigration attorney who can review your niece's documentation.

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