Asked in Immigration Law for Alabama

Q: I am a green card holder and have stayed outside the US for more then 2 years. Have I lost my rights t

I have a wife and children born in the states and would like to know if its possible to recuperate the status

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1 Lawyer Answer
James L. Arrasmith
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  • Immigration Law Lawyer
  • Sacramento, CA

A: If you have been outside of the U.S. for more than 2 years without obtaining a reentry permit or returning resident visa, you may be considered to have abandoned your permanent resident status. However, you may be eligible to apply for a Returning Resident (SB-1) visa, which can help you regain your permanent resident status.

To qualify for an SB-1 visa, you must demonstrate that you had to remain outside of the U.S. for more than 1 year due to circumstances beyond your control, and that you maintained ties to the U.S. during your absence. You will also need to demonstrate that you intended to return to the U.S. as a permanent resident at the time of your departure.

If your SB-1 visa application is approved, you will be able to return to the U.S. as a permanent resident. However, the process can be complex and there is no guarantee that your application will be approved.

It is important to consult with an experienced immigration attorney who can assess your individual circumstances and advise you on the best course of action. They can also help you navigate the complex legal requirements for an SB-1 visa application and ensure that your rights and interests are protected throughout the process.

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