The Kasen Law Firm, LLC
Call Us Today
For Your Free Telephone Consultation
Local: 843-376-4085 Toll Free: 888-370-5810
Over 30 Years Of Experience

Reentry after extended foreign stay

People living in South Carolina who hold permanent resident green cards may find themselves in a situation where they are forced to stay outside of the country for longer than 365 days. Under current immigration law, a green card by itself is not sufficient reentry documentation if the person has been outside of the U.S. for more than a year, so additional steps must be taken.

In some cases, a worker may have traveled outside of the country for business purposes and then suffered a serious and unexpected illness that forced them to stay longer than planned. If the extended stay was due to this or another type of an unforeseen circumstance, the person should be able to return to the country. A U.S. Border Patrol agent may allow the person to return to the country if the stay was based on such medical reasons. However, the decision will be up to the agent.

A better option is for the green card holder to gather the appropriate medical documentation and present it to the U.S. Consulate. With it, an application for a returning resident visa can be made. In most cases, itshould be granted if the extended stay was due to no fault of the applicant.

Business immigration may be a path for people to eventually seek an adjustment of status in order to become a U.S. resident. If they do, they need to be mindful of the rules regarding out-of-country stays. If an illness prevents a return within the one-year period, people should be prepared to apply for a returning resident visa and gather all needed documentation. People who are interested in employment immigration or returning resident visas may benefit by speaking with an attorney who has experience with these matters.

No Comments

Leave a comment
Comment Information

Office Locations

The Kasen Law Firm, LLC
768 Saint Andrews Boulevard
Charleston, SC 29407

Toll Free: 888-370-5810
Phone: 843-376-4085
Fax: 843-821-0046
Charleston Law Office Map

The Kasen Law Firm, PLLC
136-20 38th Avenue, Suite 3C
Flushing, NY 11354

Phone: 718-337-8012
Fax: 843-821-0046
Flushing Law Office Map

Mailing Address:
P.O. Box 1865
Summerville, SC 29484