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  1. #1
    Join Date
    Feb 2012
    Posts
    2

    Default Is Legal Permanent Residency Lost After Extended Absences

    I was granted a green card and LPR status in 1986 under IR6, spouse of a US citizen.

    In 2007 I returned to Canada temporarily but have overstayed.
    Since May 2007 I have made an average of 2 trips per years back to the US but have been using just my Canadian passport when I cross the border. The overstay was due to issues with family members that I came to assist (end result was that my sister died in 2011 and my elderly aunt placed in long term care in 2011) and in 2010 I was very sick for 7 months.

    Are these trips back to the US enough to keep my LPR status or would I have to have returned for a 6 month minimum within a 1 or 2 year period over this time?

    My husband died in 1989 so being re-sponsored is out of the question.
    If my status is lost I believe I have to start with a DS-117 and if that is approved go to an SB-1.

    Is there any way to find out what status the US has me as? If I go to the border will they look up my status for me or is this a recipe for disaster?
    If I went to cross the border with my personal belongings would they see all the times I have entered the US and consider me a valid LPR?

    I desperately want to return home to California!

    Thank you,

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Is Legal Permanent Residency Lost After Exnteded Absences

    It would appear that you have abandoned your US residency. You should really speak with an immigration attorney.

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