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HOW CAN SHE RETURN

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  • HOW CAN SHE RETURN

    Wife of my freind came to USA two years back on Immigrant visa. She left USA after living here for two months. After she left a letter was received from INS that she needs to visit INS for picture and fing. print.

    She can not visit INS as she is out of country. Now more than one year has gone and her I-551 stamp on her passport has expired. How can she return to USA. Can she apply at US Consualte for returning resident visa. Please advise options available to her to return to USA. Thank you.

  • #2
    Wife of my freind came to USA two years back on Immigrant visa. She left USA after living here for two months. After she left a letter was received from INS that she needs to visit INS for picture and fing. print.

    She can not visit INS as she is out of country. Now more than one year has gone and her I-551 stamp on her passport has expired. How can she return to USA. Can she apply at US Consualte for returning resident visa. Please advise options available to her to return to USA. Thank you.

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    • #3
      She has abandoned her LPR application, so she will have to start over from the beginning.

      Please contact me at info@myronmorales.com if you have additional questions.

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      • #4
        Hi.. this may not be applicable as you might be speaking about the past, however, most embassy's can conduct things like fingerprints and other immigration related duties - you may want to have her call the closest embassy for more information.

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        • #5
          Since she has been out of the US for more than a year, she has to apply for a "returning resident" status. However, in order to qualify for this, she would have to demonstrate that her absence was for reasons "beyond her control." (like being in a coma for many months)....merely being absent for convenience won't be enough.
          If, as seems likely, she won' qualify for this status, someone (the husband) would have to refile new papers. If he is an Amcit, then her petition would be current immediately and she would be back in just a few weeks. But, if he is an LPR, she won't be back for 5 years.

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          • #6
            EOM

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