QUESTION

Is there a way to get my husband and his son back to the united states if he lost his US residency for being out of the country for almost four years?

Asked on Dec 16th, 2013 on Immigration - Massachusetts
More details to this question:
My husband is currently in Senegal with his US born son (age 12) from a previous marriage. Both him and his son have malaria.... is there a way to get them back to the United States? We have been married a little over seven years and he has been unable to return to the states because of his residency status. He still has a valid green card. We had a lawyer say it was possible but it would cost 10 thousand dollars... I am unable to save that type of money as I continually send money to support them in Senegal. Please let me know if there is a way to get them back here before they both lose their lives to malaria!!
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1 ANSWER

Immigration Law Attorney serving San Diego, CA
3 Awards
If the only reason that your husband and his minor son are unable to return to the US is because they have been out of the US for 4 years, this can be resolved, and it should not cost $10,000.  The only concern I have is whether this is the only reason he is being denied permission to come back.  The facts as you reported them are a little confusing, you indicate that they cannot come back because of their residency status, but at the same time you indicate that they have "valid green cards."  Permanent residence generally is deemed abandoned (and therefore lost) if the person remans out of the US for a period of 1 year or more.  They have been out for 4.  It may be that they may need to reimmigrate, I don't know if you are a citizen, but if you are, you could file for them.  I am also a little concerned with the malaria issue, but would first need to research whether Malaria is on the list of diseases that bar entry and require a waiver.  If you would like to discuss the particulars of this, please feel free to call my office at (619) 291-1112. Sincerely, Jan Joseph Bejar, Esq. For: JAN JOSEPH BEJAR, A Professional Law Corporation
Answered on Dec 16th, 2013 at 5:13 PM

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