Asked in Immigration Law

Q: Re-entry to the United States with a long expired Green Card.

It has been 9 years since my green card expired. I've been living outside the US during that time. What are my options to re-enter the US with the least amount of hassles?

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3 Lawyer Answers
Gunda Yohanna Brost
Gunda Yohanna Brost
Answered
  • Immigration Law Lawyer
  • Cedar Falls, IA

A: Unfortunately after such a long time the green card will likely be considered a abandoned by operation of law.

Carl Shusterman
Carl Shusterman
Answered
  • Immigration Law Lawyer
  • Los Angeles, CA

A: Due to your lengthy stay outside the US, your permanent resident status has been abandoned, and you will again need to be sponsored for a green card.

You can explore your options at https://www.shusterman.com/green-card/

James L. Arrasmith
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Answered
  • Immigration Law Lawyer
  • Sacramento, CA

A: If your green card has been expired for 9 years and you have been living outside the United States during that time, re-entering the U.S. may require some additional steps. Here are a few options to consider:

Applying for a Returning Resident Visa (SB-1): If you had maintained permanent resident status and can demonstrate that you were unable to return to the U.S. due to circumstances beyond your control, you may be eligible to apply for a Returning Resident Visa (SB-1). This visa allows certain lawful permanent residents to re-enter the U.S. after an extended absence. You would need to demonstrate your intent to maintain permanent residence in the U.S. and provide evidence supporting the reasons for your prolonged stay outside the country.

Reapplying for a Green Card: If you do not qualify for the SB-1 visa or prefer to pursue a new green card, you may need to go through the regular immigrant visa application process. This typically involves filing an immigrant visa petition and going through consular processing at a U.S. embassy or consulate abroad. However, since your green card has been expired for a significant period, you may need to provide additional documentation and demonstrate your eligibility for immigrant status.

Consult with an immigration attorney: Given the complexity of your situation, it is advisable to consult with an experienced immigration attorney. They can evaluate your individual circumstances, review your immigration history, and provide personalized guidance on the most appropriate path for re-entry. They will help determine the best course of action based on your specific situation, considering factors such as your intent to maintain permanent residence, the length of your absence, and the reasons for your extended stay outside the U.S.

It is important to note that re-entering the U.S. after a long absence with an expired green card can be complex, and each case is unique. Consulting with an immigration attorney will help ensure that you have the most accurate and up-to-date information tailored to your specific circumstances, allowing you to navigate the re-entry process with the least amount of hassles.

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