My parents have had green card for almost 5 years. Now they are out of the US for more than a year; they applied for an reentry permit before they left. Now they might not come back before reentry permit expires(mainly for health reason). I understand they can still enter US in the future with a returning resident visa, But will they lose the 5 years residence they now have?
if they come back with a returning resident visa and decide to apply for citizenship or other benefit that requires 5 year residency, how the year of residency is calculated in that case?
1 Answer from Attorneys
They risk a presumption of abandonment if they re-enter after the re-entry permit has expired.
For naturalization purposes, the applicant must have lived in the U.S. for 2.5 out of the 5 years immediately preceding the filing of the application.
Related Questions & Answers
I am currently on H1B VISA and application for GC in in process. The current status... Asked 5/26/13, 5:03 am in United States Texas Immigration Law
I am on h1 b. I factured my ankle on april 28 2013 and doctor is advising me for 6... Asked 5/21/13, 3:19 pm in United States Texas Immigration Law
I left an abusive spouse in 2007. He was not a citizen and had not got an interview... Asked 5/20/13, 7:39 am in United States Texas Immigration Law
Is it possible to adjust date of birth in SSN, DL, green card etc? the passport... Asked 5/14/13, 11:15 pm in United States Texas Immigration Law
My boyfriend slammed his truck into a taco stand and now has 11 charges and is an... Asked 5/14/13, 2:50 am in United States Texas Immigration Law