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Immigration Issues/Recently acquired Green Card

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Question
In last week only, my colleague has got her Green Card,social security no.,State I.D. No.Due to some social commitment, she will have to go back to her country in next month and will have to stay back till Nov.2011.Is it possible for her to stay outside USA till Nov.2011? If not then what is the procedure to get the permission? Please reply

Answer
Eileen Chun-Fruto, Los Angeles immigration lawyer writes:

Dear T K,

Nice of you to inquire regarding your friend's scenario.  Please also be advised that though I am an attorney, I am not your nor your friend's attorney and that in online Q&A websites like AllExperts, one should only use these answers as general information.  If you or your friend require legal assistance, seek out a qualified immigration lawyer in your area, or one who you feel can work with her through a distance.  Immigration lawyers, like myself, often work with clients throughout the world and it is also not necessary to stick with an immigration lawyer in your state since immigration law is based on a federal-level statute, attorneys in all the 50 states follow the same rule of law.  

To get back to you question (!), your friend can travel once she has her greencard, but of course, leaving the US so quickly after gaining permanent residency and staying out of the US for so long can trigger 'abandonment' issues upon return.  This means that the Customs and Border Protection can question whether she might have abandoned her permanent residency.  For more information on abandonment issues:  http://www.fongandchun.com/lawyer-attorney-1422911.html

One thing your friend can do is apply for a re-entry permit before she leaves since a re-entry permit allows a person to be absent from the United States for a significant amount of time.  You and your friend should research the re-entry permit as an option but do also keep in mind that prolonged absences from the United States, in general can give rise to a presumption that a permanent resident may have abandoned US residency.  In such cases, the returning resident bears the burden of dis-proving or rebutting that presumption.

Good luck.

Eileen Chun-Fruto
www.fongandchun.com
http://www.superlawyers.com/california-southern/lawyer/Eileen-Chun-Fruto/e5bf6f7

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Eileen Chun-Fruto

Expertise

I can answer any employment-based immigration question including questions about PERM labor certifications, H-1B skilled workers, L-1A multinational managers or executives and L-1B specialized knowledge, R-1 and I-360 religious workers, investor cases (E Treaty Trader and E Treaty Investors and EB-5 "million dollar investors") and O-1 extraordinary ability cases. I can also answer any questions regarding family-based immigration, such as adoptions, waiver cases, consular processing (using foreign consulates to enter as an immigrant), marriage and fiance/fiancee cases, 245(i) cases, VAWA (Violence Against Women's Act), battered spouses, and Child Status Protection Act (CSPA).

Experience

I have over 12 years of experience in business and family immigration. I was a former law clerk for the Executive Officer for Immigration Review (the immigration courts) in San Francisco and I current serve as the California Service Center's (CSC) liaison on behalf of the Los Angeles County Bar Association. I represent individuals and corporations alike, ranging from professionals in the high tech, science, liberal arts fields. I have a special niche in working with start-up companies and individuals with more complex immigration issues.

Organizations
Member, American Immigration Lawyers Association Member, Los Angeles County Bar Association, Executive Committee on Immigration

Education/Credentials
J.D., University of California at Davis - King Hall School of Law (1997) B.A., University of California at Irvine, cum laude (1994)

Awards and Honors
2005, 2006, 2007, 2008: Selected to Southern California Rising Star - Super Lawyers List (an honor shared by no more than 2.5% of the attorneys practicing in the entire Southern California region) Faculty/Moderator on various AILA and LACBA continuing legal education seminars in the following topics: H-1B, O-1, religious workers, business immigration visas

Past/Present Clients
My typical business clients can range from a start-up company, established engineering and software research and development companies, manufacturing, trade and distribution companies, public and private schools, and religious organizations. Family clients include spouses, parent-child petitions, siblings, naturalization, and most especially, representation of abandoned and neglected children viewed as orphans under the immigration law. I have represented many clients who relied on special provisions of the immigration law to preserve or "grandfather" benefits to family members in limited (and complicated) circumstances, to avoid re-application fees and longer waiting times.

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