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Immigration Issues/Returning Resident Visa

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Question
Hello!
I am Liramie. I just want to have question about a returning resident visa. I married a U.S. citizen and we live in the U.S for 5 years then we move here in the Philippines up until present. July 2003 when we move here in the Philippines then I secure a reentry permit so, when we go back last 2005 in the states I don't have any problem. We fly back here in the Philippines after a month of vacation in the states in 2005 and since then we haven't been back to the states. My green card will expire on 2015. Now I want to go back to the states,can I apply for a returning resident visa. My green card hasn't expire yet, does it help? I truly thank you for your time in reading my question.More power!

Liramie

Answer
Hi,

Since 2 years have elapsed since your last entry to the U.S., you are considered to have abandoned your green card.

However, your husband, who is a U.S. citizen, can sponsor you again for resident status in the U.S. by filing the Petition for Alien Relative: http://www.uscis.gov/files/form/i-130.pdf

Regards,
Ajay K. Arora, Esq.
www.H1B1.com

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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