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Immigration Issues/green card holder absance limits


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.

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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?

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.

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Jack Sung


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


Been a practicing immigration attorney for 4 years.

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

Southwestern International Law Journal

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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