GC for Spouse of a GC holder

[thambi1]

Hi,

I got a question on the GC for my son-in-law.

 

My Daughter got the GC as my dependant when she was a minor. She moved to India for her college eduction and maintaining the GC with Re-Entry permit (expire by Jan 2014). She completed her education and got married 4 months ago.

Both of them are now living in India.

Can she apply GC for her husband ?.

Does she need to live in US to apply that?

What is the process?.
and how long it will take for him to get that?.

 

The situation now is, if this is possible, she can travel to Us and maintain the status or drop it for ever. Can some one help me get this calrified ASAP?

this will be of great help. We came to know this late, so is this delay of 4 months after the wedding :(

Thanks.

 

[JoeF]

Since she is living outside the US, she has lost her GC.

Even with a reentry permit, absences from the US have to be temporary. Living abroad means that the GC is lost.

[catx]

I agree with what JoeF's posted, regardless of a reentry permit completing her education, getting married, and living abroad with no proactive actions, plans, etc. taken to maintain U.S. permanent residency status will likely be deemed by the USCIS as abandoning her permanent residency (green card).

 

That being said, a 'possible' option for your daughter maybe a Returning Resident (SB-1) visa.  If that was approved she could return to the U.S., and then file for her husband's permanent residency (green card).  It is very important to note that a SB-1 visa has significant requirements with documentation.  If you choose to explore this option then you should (need to) consult with a qualified, experienced immigration attorney to see if she can apply for a SB-1 visa and put together the filing.

[thambi1]

Thanks for the details. I'm sure she can enter in US as a GC holder as she still have valid permit.

If she get in there and apply for her husband, how long it will take for the processing? And what is the procedure

Thanks

[catx]

I'm sure she can enter in US as a GC holder as she still have valid permit.

 

Given what you posted, you should not make that assumption.  Permanent residency can be deemed as abandoned even with a valid reentry permit.  You should consult with a qualified, experienced lawyer as soon as possible.  If everything is okay with you daughter returning to the U.S. as a permanent resident on her reentry permit, then she should do so right away.  The longer she remains outside the U.S., the greater the chances that her permanent residency will be deemed abandoned and she cannot return.

 

The immigration attorney can also give you the best information regarding the procedure for applying for a visa and permanent residency (green card) for her husband, and approximately how long that process should take.

[JoeF]

Thanks for the details. I'm sure she can enter in US as a GC holder as she still have valid permit.

If she get in there and apply for her husband, how long it will take for the processing? And what is the procedure

Thanks

Just having a reentry permit is not necessarily enough to enter.

See http://www.murthy.com/2012/05/11/extended-travel-by-a-permanent-resident-part-1-of-2/

"The determination regarding abandonment is based upon a review of the specific facts of the case. The CBP officer at the POE can ask questions in an effort to determine if one's absence from the United States was temporary and consistent with being a permanent resident. The temporary nature of the absence is not solely assessed based on the number of days spent outside the United States, but rather upon whether the individual had a continuous, uninterrupted and realistic intention to return to the U.S. in the immediate future."

 

And http://www.murthy.com/2012/05/18/extended-travel-by-a-permanent-resident-2-of-2/

"However, both the green card and the reentry permit do not automatically guarantee one will be processed into the U.S. as a permanent resident at the POE. This decision depends upon the facts of the situation, including prior travel patterns and the reasons for the extended travel."

 

Based on what you stated, that she lives in India with her husband, it is likely that she has abandoned the GC.

She needs to discuss her situation with a good immigration lawyer.

[thambi1]

Thanks Catx JoeF for the immediate response. I will get in touch with an attorney now.

Thanks again