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Thread: Aunt has IR 5 visa and overstayed in MX, ?

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    Aunt has IR 5 visa and overstayed in MX, ?

    Hi guys, i have a question for a dear aunt of mine, she has the IR-5 visa, she is petitioning her 20 yr old child in June in CDJ, her worry is that she was told by her attorney she can only stay in MX 6 mos., at a time, she has over stayed, she has been in MX for 18 mo., I have been reading many sites, only found that she must provide verification that she has to be living in USA for 6 mo., at a time as in form of rent verification or utility bills ??????
    Timeline

    02/21/08 finace in Mx & i filed I-129F/K-1 Visa
    07/14/08 NOA2
    10/07/08 CDJ received my petition
    05/29/09 backlogged
    04/08/10 I 160 Approved
    06/21/10 Open appt in CDJ & officer sts approved
    06/23/10 DHL blue paper sts case is in AP no visa
    06/24/10 CDJ calls fiance & tells him to go back to CDJ, $$$$$$$$$$$$$$
    07/06/10 2nd open appt
    07/08/10 DHL APPROVED
    07/09/10 He's home
    09/25/2010 married
    04/29/2011 rec'd conditional resident card
    04/08/2013 going to biometrics appt for permanent resident card

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    hi,

    once she overstayed a year, she lost her GC. being a LPR means she has to reside in the country unless she filed for a reentry permit before she left, to be out of the country for up to 2 years.

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    She has not officially abandoned residency until an official declares her to have abandoned her status. She most likely will have issues upon re-entry to the US, though, and needs to consult with a good attorney before she files any petitions for anyone.

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