QUESTION
Mother in law has valid green card but has been back in Poland for the last 4 years. Will she have problems coming back this summer?
Asked on Feb 24th, 2016 on Immigration - Colorado
More details to this question:
Her valid green card expires this November. She has not been in the US IN 4 years because of medical issues but is better and wants to come back. Any issues with her coming into the US since it has been 4 years?
1 ANSWER
Your mother-in-law will be presumed to have abandoned her residence. It does not matter if her green card continues to be valid. Any stay outside the United States of a year or more triggers a presumption of abandonment. Your mother-in-law could apply for an SB-1 visa at the U.S. Embassy. To be successful she will need to thoroughly document her medical condition and establish she did not intend to abandon her status. The other option would be to have a new immigrant visa petition filed on her behalf.
Answered on Feb 24th, 2016 at 3:58 PM