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Guillermo Senmartin
Guillermo Senmartin, Attorney At Law
Category: US Law
Satisfied Customers: 107244
Experience:  Over 12+ years of experience in various areas of U.S. Law and 15+ years of experience in U.S. Immigration Law..
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Is it possible to apply extended leave of absence from

Customer Question

Is it possible to apply for an extended leave of absence from the US (say for up to 12 months for medical reasons) without losing one's Green Card?
Submitted: 1 year ago.
Category: US Law
Expert:  Guillermo Senmartin replied 1 year ago.
Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. Anyone that is a Lawful Permanent Resident (LPR) and is outside of the U.S. for 180 days or more within any 12 month period (not necessarily calendar year) creates a rebuttable presumption of abandonment of residency. That presumption can be rebutted by evidence to the contrary such as filing U.S. taxes, maintaining a home in the U.S. and paying that mortgage or rent, maintaining a U.S. drivers license, U.S. bank accounts with significant movement, etc.Someone that has been outside of the U.S. for more than 1 year without first having an approved re-entry permit has abandoned their residency and only in very few exceptions (such as serious illness) can they get it back.Here is an official link: http://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence So yes, it is possible, but honestly, to avoid having to prove that one was not abandoning Residency, they should apply while in the U.S. for an I-131 Re-entry Permit. This will allow them to be outside of the U.S. for up to 2 years and not abandon the Residency. And yes, it can be used for multiple trips during the 2 years. Here is a link: http://www.uscis.gov/i-131 My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.
Expert:  Guillermo Senmartin replied 1 year ago.
Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!
Expert:  Guillermo Senmartin replied 1 year ago.
Hello Peter, it looks like you are seeing my responses but you are not responding. Are you having technical difficulties? I want to make sure that you are satisfied with my responses and have a positive experience with the website and with my service. So please let me know if there is anything else that I can answer for you because I will do my best. Thank you!
Customer: replied 1 year ago.

Third attempt! Two questions: (1) How long does it take for an I-131 application to be processed; (2) Do I have to remain in the US until my application is approved, or can I still travel meanwhile?

Thanks and regards,

Peter XXXXXXXXXX

Customer: replied 1 year ago.

(1) How long does it take for an I-131 application to be processed; (2) Do I have to remain in the US until my application is approved, or can I still travel meanwhile?

Thanks and regards,

Peter XXXXXXXXXXX

Expert:  Guillermo Senmartin replied 1 year ago.
Oh, I didn't know that you had tried to respond. If you don't see your response above, I won't be able to see it either. My sincere apologies for that. 1) I am processing one now that we filed on 8/12/2015 and we received the biometrics appointment notice today, 9/4/2015 and the appointment is for 09/14/2015, so roughly a month for the fingerprint appointment and that's all you need. 2) No. You don't have to be in the U.S. after you take the biometrics. You can have the Re-Entry Permit sent to you overseas. Again, sorry for the technical issue. Let me know if you need anything else, but please do not forget to rate me positively. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. Thank you!
Guillermo Senmartin, Attorney At Law
Category: US Law
Satisfied Customers: 107244
Experience: Over 12+ years of experience in various areas of U.S. Law and 15+ years of experience in U.S. Immigration Law..
Guillermo Senmartin and other US Law Specialists are ready to help you
Expert:  Guillermo Senmartin replied 1 year ago.
Thank you for the positive rating. If you would like to request me in the future, please remember to put FOR GUILLERMO in the subject line and message box. Good luck to you!
Customer: replied 1 year ago.

Just for clarification, Guillermo: how will the biometrics appointment be notified to me? If solely by snail mail, I'd have to stay in Florida until I was notified. Or would that appointment be accessible on the USCIS website? Or on the form I-131, could I request that any response be copied to you as my lawyer?

Thanks for all your help: much appreciated.

Peter XXXXXXXX

Expert:  Guillermo Senmartin replied 1 year ago.
A copy would go to your lawyer and a copy goes to you, usually at a U.S. address because the instructions on the I-131 state that it must be filed while the petitioner is in the U.S.
Expert:  Guillermo Senmartin replied 1 year ago.
If you want to speak about this privately and want some help, I just sent an additional offer of service to your email so that I can pass on my contact information. Thank you!
Customer: replied 1 year ago.
Please send me the additional offer again. I can't find it.
Thanks
Expert:  Guillermo Senmartin replied 1 year ago.
Will do!

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