You are here:

Immigration Issues/Re-entry after being away more than 365 days


My wife is a green card holder for 12 years.  We have been living abroad for 4 years now.  Before we left, she got a returning permit but that expired 2 years ago.

We have been going back to the US every year except last year.  My wife will go back to US this summer.  Question - will she risk loosing her green card?  Worse yet, could she be sent back because she did not apply in advance for visa waiver (Japan passport holder)?

It is not sufficient to visit the US every year to maintain permanent residency. Even obtaining a reentry permit does not provide any protection if you are not maintaining a permanent residence in the US.
So in your case there is a possibility that the USCIS may revoke your spouse's permanent residence status.

Ramasamy Krishnan

Immigration Issues

All Answers

Answers by Expert:

Ask Experts


Ramasamy Krishnan


Immigration particularly business immigration and National Interest Waivers.


I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan,

©2016 All rights reserved.