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Immigration Issues/green card holder absance limits

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Question
QUESTION: hi
My mother and dad got their green card through me, I am a USA citizen.They both are 58 years old.
My dad live he is in USA with me but my mother has to go back to Turkey for almost 10 months a year for a while.
Do she have to come to USA every 6 months or can she make only one trip once a year lasting like a month.
When she comes she stays at least a month but not more.
What is the law?
I don't want her to lose her green card.
thank you.

ANSWER: The law says that she must not leave the US for more than 6 months at a time to safely keep her green card.  She can come back once every six month to keep her green card.

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QUESTION: when i look at the paper work to fill up,  form I-131 application for travel document, this form is for travels for more than 1 year.
So there is no direction or form for more than 6 months less than 1 year.

ANSWER: Form I-131 is not the law.  It's for re-entry permit.  When you have a re-entry permit it allows you to be gone from the US for 2 years as a green card holder.  The law says 6 months absence is the max if you don't have a re-entry permit.  You cannot apply for re-entry permit if the applicant is not in the United States for the fingerprint.  If she leaves the US for more than 1 year then it is conclusive that she gave up her green card.  I recommend that she makes an entry as soon as possible.

---------- FOLLOW-UP ----------

QUESTION: she is here right now in the states for a months but need to leave next month.
how long re-entry permit process takes?

Answer
The re-entry permit takes about 3 to 4 months.  However, after the applicant takes the fingerprints she can leave and you just have to mail her the permit after it arrives.  The fingerprint appointment takes about a month to a month and half to arrive.

Immigration Issues

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Jack Sung

Expertise

Can answer: Immigration and visa issues Can't answer: Everything else

Experience

Been a practicing immigration attorney for 4 years.

Organizations
Taiwanese American Lawyers Association. American Immigration Lawyers Association. Los Angeles County Bar Association

Publications
Southwestern International Law Journal

Education/Credentials
J.D. from Southwestern Univ. School of Law in 2007. Licensed attorney in California

Awards and Honors
LACBA 2011 Outstanding Public Service Award

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