Asked in Immigration Law

Q: Permanent resident card has expired outside the US but looking to return for work.

I am 35 years old male, a UK citizen and I am a permanent resident of the US (initially residing in Houston, Texas). My Green Card expired while living outside of the US. I have been out of the US for around 10 years. I have a BSc (Houston), MSc (York, UK) and PhD (Birmingham, UK) in chemistry/chemical engineering and I have recently applied for a job in California within a biotech company. I have a around 5 years industrial experience, have published around 6 articles in peer review journals, and have one patent application pending. I have given a Skype presentation the company in California and they have now invited me for an onsite interview in California. My brother and Dad are dual US/UK citizens. I own a small apartment in Houston, have a SSN, and have filed a tax return in the US. I do not have a physical copy of my expired US permanent resident card. Will I be able to get into the USA for the interview? What are my options going forward as I am keen to work in the US for good.

Related Topics:
1 Lawyer Answer
Sheri A Benchetrit
Sheri A Benchetrit
Answered
  • Immigration Law Lawyer
  • Fort Lauderdale, FL

A: The general rule when you have a green card is that you will live in the United States. When you are outside of the U.S. for a period of 6 months or more, you can be treated as though you intended to forfeit your green card. When you are outside of the U.S. for a year or more, you will be treated as though you intended to forfeit your green card. Based on the amount of time that you have been residing outside of the U.S., I believe that you have given up your green card and would have difficulty either applying to renew the green card or attempting to enter the US with your expired green card. On a side note, when you have a green card and have to be outside of the US for more than 6 months, you can file for permission to be outside of the US without relinquishing your status.

At this point, you may want to consider other options that would allow you to come back to the US to live an work, such as an H1B professional visa or perhaps an E2 investors visa. Please feel free to contact me to explore all of your options.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.