QUESTION
My girlfriend is in process of green card removal for being out of the country for more than 5 years, can she apply for cancelation of removal?
Asked on Feb 13th, 2017 on Immigration - California
More details to this question:
She is 20 years old and has her green card since 2009 , and went out of the country on the year 2012 but when she was little she came into the country with a visa on year 1996 to later apply for the green card. She has the court on Wednesday in Los Angeles, she had one today and she showed her good faith that her parents went to live to Mexico because of the economic situation in USA back then, they are not residents of USA, but anyway the judge didn't care even tough she's been living here since she was a child and she is enroll in college and was supposed to start today.. can she apply for the cancelation of removal?
1 ANSWER
Ronald L. Freeman
She has options to fight the the cancellation of her green card. A lot will depend on her intentions at the time she left, and if she has ever returned during the 5 years outside of the US. Generally speaking, if a LPR (green card holder) has left the United States for longer that 1 year (without advance parole) the presumption is that they intended to abondon their LPR status. But, the burden is on the government to prove her intentions. If you are able you should hire an attorney as soon as possible.
Answered on Feb 13th, 2017 at 8:59 PM