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Green card with over two years stay outside US

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mofta7

Member
What is the name of your state (only U.S. law)? California

Hello All,

I got my Green card in 2009 through EB2 and wife got her green card with me in the same application. Little after that my wife and I separated and she went to live in her home country (Egypt) where she stayed for 2 years now without visiting the US.

Now we want to bring her back to the US and I want to know if she can still use her green card to get into the country or do we have to apply for a visa? what kind of visa will that be?

We did not do any paperwork before she traveled stating that she will be staying that long.
 


FlyingRon

Senior Member
If she just left and never made any provisions to retain her residency (getting reentry permit, etc...) she will be considered as abandoning her residency. She'll need to start over.
Chances are if she tries to enter on the green card she'll be asked to sign the official waiver of residency, but even if she doesn't she'll have a hearing that will terminate it anyhow.
 

mofta7

Member
If she just left and never made any provisions to retain her residency (getting reentry permit, etc...) she will be considered as abandoning her residency. She'll need to start over.
Chances are if she tries to enter on the green card she'll be asked to sign the official waiver of residency, but even if she doesn't she'll have a hearing that will terminate it anyhow.
Does that mean that she will be denied entry to the US? please explain further.

What is the best course of action to get her here? when you say start over, what will her status be then?
 

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