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For example, if a Filipina girl lived in the states before, but moved back to her country and allowed her green card to expire after 4years, can she renew her status especially if she has a natural born child in the states? What is her remedy if any?

2006-08-05 14:06:11 · 2 answers · asked by john 1 in Politics & Government Immigration

2 answers

Having had a baby in the US is irrelevant to her own status. There are many American citizen children growing up in other countries because their parents have no legal right to live in the US.

If she has been away from the US for four years, she has abandoned her residency and will have to start over with a new immigrant petition - if the person who petitioned for her the first time is willing to do it again:

From the reference below: "You may be found to have abandoned your permanent resident status if you:
...Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year. "

2006-08-05 18:13:05 · answer #1 · answered by dognhorsemom 7 · 0 0

It may seem to USCIS that she abandoned her LPR status by residing outside the U.S. for all that time, especially if she hasn't maintained ties to the U.S. (more than just having a child who was born in the U.S.). She may need to go through the permanent residence application process all over again. If she wants U.S. LPR status again, she definitely needs to consult with a qualified licensed immigration lawyer.

2006-08-05 15:21:21 · answer #2 · answered by ? 2 · 0 0

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