QUESTION

which form?

Asked on Jan 19th, 2014 on Immigration - Colorado
More details to this question:
i would like to know what exact forms i should be applling for someone who was a formal resident in the u s a with a green card who by the way is married to an american citizen and has 5 children who are american citizens but stayed out of the states for more than a year for family illness reasons but know wants to return to the u s a for the sake of safety judjing by the unstable maners in libya please get back to me as soon as possible
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
If the individual remained outside the United States because he himself had an illness which kept him from returning to the States, he could conceivably apply for a special immigrant visa at the American consular post. If the green card is not yet expired, he may also think about taking a chance and attempting to reenter the US and explaining his situation to the Customs and Border Protection official that he meets at the port of entry. If sympathetic, CBP may allow him to apply for a waiver to enter the country. If not sympathetic, he would be asked to surrender the green card and go home or see the immigration court. His other alternative is to have his US citizen wife reapply for his green card on form I-130.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  
Answered on Feb 13th, 2014 at 10:46 PM

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