Seeking advice for a friend

[Phil dAmore]

Greetings all!

I have an RW (actually a UW, but she lives in Russia) that has an interesting situation w/r/t immigration status.  It's kind of a sad story so you might want to keep some tissues close by.

This particular gal met, married and had a son with an American man while still in Russia.  The boy of course is an American citizen.  They lived together here in Petersburg for about 6 years.  FWIW, this was the very first couple that Nina and I ever put together.

A little more than 3 years ago they decided to move back to the U.S.   There were no problems with immigration visas or paperwork and everything went smoothly. 

After living in the U.S. together and raising their son, her husband applied for, and received the AOS.  She was issued a 10 year- green card and they continued their lives together.

Now the sad part: A little over a year ago the husband contracted a sudden illness and died, leaving her a widow with a young son. With no where else to go, she returned (with her son) to her family in Russia.

Today she told me that ICE told her that if she remains outside of the U.S. for more than a year, she will lose her green card.  She does not want to give this card up and has filed some paperwork to that effect.  With ICE and their backlogs, it could be several months before she hears any reply, by which time she will have been outside the U.S. for more than a year.

I'm pretty sure this situation falls into the 'special circumstance' department. I told her probably the best thing she can do is hire a good immigration attorney, but other than that, might anyone have any advice I could pass on to her?  As you might expect, she is worried about losing the green card.

Any advice is always welcome..

Thanks!

[Jet]

Phil,
It looks like she is going to be stuck having to go to the embassy and trying to secure a returning resident visa since she has already left the country, unless she can return within the 1 year window and then file for a re-entry permit (form I-131)

USCIS says this:

A re-entry permit can help prevent two types of problems: (1) Your
Permanent Resident Card becoming technically invalid for re-entry
into the United States (U.S.), if you are absent from the U.S. for 1
year or more. (2) Your U.S. permanent residence being considered
as abandoned for absences shorter than 1 year, if you take up resi-
dence in another country.

A re-entry permit establishes a presumption that you did not
abandon status, and it allows you to apply for admission to the U.S.
after traveling abroad for up to 2 years, without having to obtain a
returning resident visa. Re-entry permits are normally valid for 2
years from the date of issuance.
 

How do I get a re-entry permit?
If you want to get a re-entry permit, file Form I-131, Application
for Travel Document. You should file this application well in advance
of your planned trip. The I-131 is available on our website at
uscis.gov.
 
The instructions on the form will give you more details. If you have
questions after you read the instructions, just check our website or
call customer service at 1-800-375-5283.


What will happen if I do not apply for a re-entry permit
before I travel outside of the U.S.?
If you are a permanent resident who plans to travel outside of
the U.S. for one year or more, it is important that you apply for a
re-entry permit before you depart the U.S. If you stay outside of the
U.S. for one year or more and did not apply for a re-entry
permit before you left, then you may be considered to have
abandoned your permanent resident status and may be refused
entry into the U.S. if you try to return.  If you are in this situation,
contact the U.S. Consulate about a returning resident visa. 

[Al_C]

Am I correct in assuming that if she breaks her continuous absence from the U.S. by coming here, even for a visit, she solves the problem?  It seems to me that a visit here would be a lot cheaper and much more hassle free than paying for legal work to extend her right to be absent from the U.S. for more than a year.

[Curious_George]

I am not sure whether visiting would solve her problem. She has to reside in this country to be considered a valid GC holder. She should contact an attorney.