Yonkers, NY Immigration Law Firms & Lawyers

Anytime a U.S. Permanent Resident leaves the U.S. for an extended period of time, the U.S. immigration service (USCIS) can deem that the person has "abandoned" their Permanent Residence ("Greencard"). The law doesn't really have a clearly defined period of time which would cause a person to lose their Permanent Residence. The USCIS usually presumes that any time a Permanent Resident has spent more than a year outside the U.S., that person has intended to abandon their Greencard. Usually a Permanent Resident who plans on living outside the U.S. for an extended period of time, applies for a "Reentry Permit" which allows the person to live outside the U.S. for up to two years without having abandoned their Residence. Your husband can rebut this presumption of abandonment of Greencard by showing that he had no intention of abandoning the Residence, and he intends to live in the U.S. permanently. He can do this by showing that he has ongoing connections with the U.S. that are stronger than his connection to the foreign country were he spent this time. For example, if he maintained a home in the U.S., had his bank accounts, etc., and had other family in the U.S., he can show that he has every intention of living in the U.S. permanently. Whatever he can do to show that his stay outside the U.S. was temporary and he intended to live in the U.S. permanently. So at this point he should just return to the U.S. with as much documentary proof as he can to show that he did not intend to abandon his Permanent Residence in the U.S.

Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. First of all, since we do not have all the facts, it is not really possible to answer with complete accuracy. Exactly what was he convicted of? What was his status when he was deported? Did he have a green card? Was he admitted into the U.S. on a visa. Was the visa current or did he overstay? Was he here illegally? Depending on the charges, he may have committed and been convicted of an aggravated felony and/or a crime involving moral turpitude, both of which may make him inadmissible to return to the U.S. Whether or not he would be eligible for a waiver will depend on many factors. I strongly suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your boyfriend's case. He/she would then be in a better position to analyze his case and advise you of his options. Be sure to bring any paperwork and documentation you can get regarding the felony conviction for the attorney to review.