When is a Green Card considered Abandoned?
I am writing to you because I am concerned about a few things going on with my wife and I need some advice from someone with more knowledge of the immigration system.
To make a long story short she and I went back to Cebu this last feburary to visit her family.
While there we discovered her mother in a great deal of pain and having a hard time.
She opted to stay there until her mother is better able to care for herself.
it is now about 4 months later with only a little progress in this regard. Now I am very concerned about her fore-fitting her Green card status and imperiling her 10 and eventual citizenship.
Can you provide any insight?
As a “rule of thumb” when she is up for Removal of Conditions on Residence, if in the past 2 years she has spent over 12 months outside the country they consider, not extending her green card.
Also as a “rule of thumb” on return to the USA, if she has been outside the USA for over 180 continuous days, the inspecting officer may also consider flagging her green card for non-renewal.
It will be their discretion to decide if she really “needs” the green card or not. If she has still maintained strong ties to her residence in the USA, and if she has a reasonable excuse, ie: traveling or living with you abroad, or family illness (all backed up with evidences) they should extend the green card.
Make sure there is a solid paper trail of medical treatment, office visits, etc. to back up her story about remaining outside the USA for the care of her ill mother, and of course the sooner the mother recovers, the better for all concerned.
Should they not extend the card, then we would have to go through the immigration process, over again.