Immigration Lawyer Ari Sauer – The Immigration Answer Man

Memphis immigration lawyer Ari Sauer provides news and information on US immigration law.

I stayed abroad after my green card expired. Can I renew my green card?

QUESTION: I had a green card as a child. My green card got expired while I was abroad and I didn’t go to the US to renew it because I was in University and then I couldn’t travel back to the US for the next three years after finishing university because the laws of my home country required me to stay for an additional three years. Is it possible for me to renew my green card now after it expired 5 years ago?

Expired by Rian

Expired, by Rian. Flickr Creative Commons License.

THE IMMIGRATION ANSWER MAN – ARI SAUER:

US Permanent Residents should not take a trip outside the US of longer than a year without obtaining a Reentry Permit. Those with reentry permits should not remain outside the US beyond the expiration of the Reentry Permit. US Permanent Residents should not let their green cards expire while they are abroad. In any of these situations the Permanent Resident can be considered to have abandoned their residence. For a US Permanent Resident who has a valid green card but has stayed abroad over a year without a reentry permit or who has overstayed their reentry permit, it is possible to apply for reentry into the US as a permanent resident with the green card and proof that they have maintained the US as their permanent residence, including showing that the reason for the trip was temporary and that the overlong stay was due to unexpected reasons beyond the person’s control. An example of this would be someone who was planning to make a shorter stay but became too ill to travel back to the US. The longer the person has stayed outside, the harder it is to show this.

Where a permanent resident lets their green card while they are abroad (or lets both their green card and reentry permit expire) they would need to apply for a Returning Resident Visa (SB-1). This can be done at the US consular post abroad. The applicant will still need to show that they have not abandoned their US permanent residence as described above. If the consulate refuses the SB-1 visa, then they applicant would require a new nonimmigrant or immigrant visa to return to the US. Having previously been a US Permanent Resident does not benefit them in this.

So it is recommend that an experienced US immigration lawyer is consulted before applying for a Returning Resident (SB-1) visa, as an experienced attorney will be able to assist applicants in providing the best available documentation in support of their claim that they maintained their US residence, increasing the chances for an approval.

* This is an advertisement. Ari Sauer is an attorney with the Siskind Susser law firm. http://www.visalaw.com/ari.html. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed. The opinions expressed here are those of Ari Sauer and do not necessarily reflect the opinions of Siskind Susser.

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65 comments on “I stayed abroad after my green card expired. Can I renew my green card?

  1. James
    August 30, 2017

    Being denied citizen and my green card has expire can I renew my green card because they says I lie about my mariage

    • I am assuming you have a 10-year green card. When someone’s 10-year green card expires, that does not mean that they are no long a Permanent Resident. The card expired, but the person’s status did not. In your situation, USCIS may (or they might not) issue you a Notice to Appear to put you in removal proceedings before an Immigration Judge and ask the Immigration Judge to take away your Permanent Residence based upon their claim that you were not eligible for Permanent Residence. In that case it would be their burden to prove that you were not eligible. But until they do that, you continue to be a a Permanent Resident and are eligible to obtain a new card to reflect your Permanent Resident status. By the way, I would recommend that you not travel outside the US until you are able to get this issue fully resolved.
      If you would like to schedule a consultation appointment with me to discuss this further, you can call 901-507-4270, and my paralegal Jessica can assist you with scheduling an appointment.
      * Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. This is an advertisement. On this page we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This page is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. The views and statements expressed on this blog do not necessarily reflect the views of the Siskind Susser law firm. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed.

  2. Aisha Chughtai
    May 17, 2017

    Dear Sir,

    I have a similar situation as many of the people above. My father is an American citizen for 15 years and my mothers has been a legal resident of the US for 21 years. Both my parents went to Pakistan February 1st 2017 and their return was today, 5/17/2017 (so only 3 months). However, we did not realize that her green card has expired 11 months ago. So when my parents were to check-in for their flight on Etihad Airlines, they did not let her board. My father had to go ahead and travel because he is due for surgery in 5 days. My mother had to return back with my uncle who had to come to drop them off at the airport. My mother has never been on her own so she is very scared and we are all very worried. I have done the research and found out that she will need a transportation letter or a boarding foil from the american embassy located in Pakistan to be able to board the airplane, the form we must fill is I131-A and will need one passport size photo, expired green card, airline ticket, and passport which is valid (please confirm if I have the correct requirements). However, we are concerned for two things: first thing is how long does is take for the embassy to grant a boarding foil? second things is that it says on the form I131-A that the POE office can stop you from entering into the US. My mom has never been outside of the US for more than a couple of months at one time, but can you please shed some light over our concerns for my mom with all this anti-immigrant Trump crap going on.

    Thanks,
    Aisha

    • Aisha:

      This is a classic situation where someone would need a transportation letter/boarding foil. Your mother is still a US permanent resident, she just doesn’t have valid proof of it right now that the airlines will accept. But if she gets the transportation letter/boarding foil from the consular post, the airlines will let her board the plane, then once she gets back to the US, CBP will verify her permanent resident status in their system (a process that could take longer than an hour while she waits in secondary inspection) and then admit her as a permanent resident. Then once she is home she should apply for a renewed card. She should also look into applying for naturalization to become a US citizen, so that she doesn’t have to deal with issues like this in the future.
      The consular post will want to see proof that her trip was planned for a short period, so she should bring proof with her of her ticket from the US to Pakistan and the return ticket that she was not allowed to use. If she ends up staying outside the US for more than 180 days, CBP might want to see some proof of the same and that she has continued to maintain the US as her permanent residence (i.e., her husband returned to the us to continue working there, she has a home in the US, she has a job in the US, if applicable, she filed her 2016 tax return, etc.) They probably will not, but it doesn’t hurt to have that documentation with her in case they ask. Processing times for the application for boarding foil vary between consular posts, anywhere from 2 days to two weeks, but I have heard of some who have had it take longer.
      If you would like to schedule a consultation appointment with me to discuss this further, or if your mother would like me to represent her in applying to renew her green card or apply for naturalization when she gets back to the US, you can call 901-507-4270, and my paralegal Jessica can assist you with scheduling an appointment.
      * Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. This is an advertisement. On this page we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This page is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. The views and statements expressed on this blog do not necessarily reflect the views of the Siskind Susser law firm. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed.

      • Aisha Chughtai
        June 8, 2017

        Dear Sir,

        Thank you so much for providing me with the above information. As per your advise, I filled out my mother’s i-131 form, along with supporting documents, and mailed it to the address that she is temporarily staying at (at my cousin’s house since there is nobody else there that she can stay with). We scheduled an appointment with the us embassy in Pakistan along with all her documents, and they denied her application for i-131 form to get a boarding foil. Her green card was expired before she left the US in February (we did not realize it) but their stay in Pakistan was only for 3 months and when both of my parents were going to come back, the airline did not allow my mother to board. The person at the embassy said that she needs to fill out the ‘application to determine returning resident status sb-1 visa’ and completely denied the i-131 form. My mother does not speak English at all, she is not educated so she cannot explain her self, and my cousin who had accompanied her was not allowed to stand with her at the time of the appointment. The embassy told her nothing, where to have the new papers sent, what to do next, do we need to make an appointment again, they told her nothing.

        The time to get the ‘application to determine returning resident status sb-1 visa’ for her to return could take 6 months or longer, and that would really put her at staying out of country for a year. Also there are requirements like a physical must be done, and police reports and what not, and my mother is not able bodied, she cannot walk, travel, move around easily. There is nobody in Pakistan to take care of her, she is only living with one of my far away cousin’s because she cannot live alone. On the other hand, my dad, who was able to travel back when my mom was not allowed to board the plane, has been diagnosed with stage 4 pancreatic cancer and the doctors have given him only a couple of months to live. My mom wants to come back to be with my dad and my dad needs my mom. We are stuck right now in a place that we do not see any way. Please guide me and tell me what my options are at the moment, what is the fastest and the most expedited way my mother can come to the US to be with my dad in his last days of life.

        Thanks,
        Aisha

  3. Hassan
    May 15, 2017

    Hi Sauer,

    My sister left the US about 9 years ago. She had a green card and a year away from becoming a citizen. Is it possible for her to come back/renew greencard? Thank you.

    • Hasan, see my post above. Leaving the US for 9 years makes it unlikely that they can show that the reason for the trip was temporary and that the overlong stay was due to unexpected reasons beyond the person’s control. If they have a basis to reapply, such as being the spouse of a US citizen, they can look into that option.
      * This is an advertisement. Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. http://www.visalaw.com/ari.html. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed.

  4. Martin H H
    May 15, 2017

    Hi Ari,
    My green card expired in November 2014 and i left the US in June of 2014 to Australia. I did get the Travel Document sorted prior to my departure which was valid for an additional 2 years until 2016. This has expired now as well and my company that i went over here for temporarily has now sold . I am a shareholder in the new Australian Based company and i have another year left from now before we go public. My question is this… i have no current entry and green card but i am married to a US Citizen and my Child is a US citizen. What options do i have to get the process of reentry back on track?
    PS.. i was so close to file for citizenship after being in the US for over 10 years
    but due to being overseas i could not do so …
    Thank you very much .

    MH

    • The options in this situation are to obtain an SB-1 Returning Resident Visa (whether that is possible will depend on the specific circumstances of your situation) or to have your spouse petition you for a new immigrant visa.
      If you would like to schedule a consultation appointment with me to discuss this further, you can call 901-507-4270, and my paralegal Jessica can assist you with scheduling an appointment.
      * Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. This is an advertisement. On this page we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This page is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. The views and statements expressed on this blog do not necessarily reflect the views of the Siskind Susser law firm. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed.

  5. Fredy Murillo
    April 26, 2017

    Hi Mr Sauer,

    My mother is a green card holder and father is US citizen(Naturalization), while they went to home country my mother had health issues, doctors suggest to her do not travel until she is stable, now she is better and she will be able to travel.

    She has been outside USA for 4 years and her residence card has expired 3 1/2 years ago. I am US citizen and I want to bring them to live with me. Can she come back as US resident?

    Thank you

    Fred

    • Where a permanent resident stayed outside the US for more than a year, and the reason why they stayed for more than a year was only because they developed a medical condition that made it medically unsafe for them to travel back to the US, and this can be documented, that permanent resident should have a good case for obtaining an SB-1 Returning Resident visa from the US consular post, as long as they are applying to return to the US within a reasonable time from when their medical condition improved and they were safely able to travel back to the US. So where the medical condition that makes it unsafe to travel last for 3 and 1/2 to 4 years, it would be reasonable to expect the consular post to issue an SB-1 visa. Where the medical condition only lasted for two years but the person remained in the US for an additional two years, despite having the ability to return to the US, then it is possible that the consular post will determined that the medical condition was not the actual reason for the person remaining outside the US and would not issue the SB-1 visa.
      * This is an advertisement. Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. http://www.visalaw.com/ari.html. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed.

  6. MUSAB MOHAMED
    April 24, 2017

    MY GREEN CARD HAS CANSLED BEFOR DEPORTED ME FROM THE UNITED STATES CAN I COME TO THE UNITED STATES

    • Musab:
      There is not enough information about your situation to answer your question. An order of removal (or deportation order) normally causes the person to be subject to a bar of inadmissibility for 5, 10 or 20 years. I recommend that you consult with an experienced immigration lawyer to determine what options, if any, are available for you to obtain a visa to come to the US.
      * This is an advertisement. Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. http://www.visalaw.com/ari.html. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed.

  7. Anonymous
    March 27, 2017

    My mother has 2 year return resident permit and she is in India now. but her Green card is expired 3 months ago. Her 2 year permission is still valid. How can she enter U.S.A with expired green card and return resident permit ?

    • Someone with an expired green card, but with a valid Reentry Permit, can reenter the US with the valid Reentry Permit. However, the airline might give them trouble boarding the plane and may insist that the person needs to first obtain a Travel Letter (also called a Boarding Foil) from the US Embassy or Consulate first. So to avoid a hassle during travel, it is recommended that the person contact the airline prior to travel and make sure that they are not going to try and stop the person from boarding the plan with the expired green card and valid Reentry Permit.
      * This is an advertisement. Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. http://www.visalaw.com/ari.html. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed.

  8. Joseph
    March 2, 2017

    i have a greencard of the united states.i have been in india for studies and i have a reentry permit with 6 months of validity left in it.But the problem is that my greencard expires in about a month.So can i stay after the xpiry period of the greencard because i have reentry permit.thanks in advance

    • Someone with an expired green card, but with a valid Reentry Permit, can reenter the US with the valid Reentry Permit. However, the airline might give them trouble boarding the plane and may insist that the person needs to first obtain a Travel Letter (also called a Boarding Foil) from the US Embassy or Consulate first. So to avoid a hassle during travel, it is recommended that the person contact the airline prior to travel and make sure that they are not going to try and stop the person from boarding the plan with the expired green card and valid Reentry Permit.
      * This is an advertisement. Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. http://www.visalaw.com/ari.html. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed.

  9. Anonymous
    February 21, 2017

    Can you renewal your car after 10 years that past

    • If a permanent resident (green card holder) is in the US and lets their green card expire, they can apply to renew their card, even if the card expired 10 years ago or longer. However, if a permanent resident leaves the US and stays outside the US that long after their card expires, then it is extremely unlikely that they would be able to renew their card.
      * This is an advertisement. Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. http://www.visalaw.com/ari.html. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed.

  10. Jen
    February 20, 2017

    I accidentally send a photo of the back side of my permanent resident card to someone. What is the worse thing that can possibly happen? Can they pretend to use my identity

    • Jen, if the copy of the back of your green card was a clear copy, then the person might be able to read your name, date of birth, the expiration date of your green card, and your A Number (A#) which is the number of your USCIS file. While a skilled identity theft might be able to use this information against you, most people will not be able to. Other than that, I am not sure what someone could do with a copy of the back of your green card.
      * This is an advertisement. Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. http://www.visalaw.com/ari.html. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed.

  11. Shadi
    February 8, 2017

    I am a green card holder now for 3.5 years . My mother was the one who petitioned for her kids to get a green card. But I am married to a united state citizen , in August I will be Married to her for 3 years. Would I be eligible to apply for citizenship after being married to my wife for 3 years even tho my mom not my wife was the one who petitioned my green card from the past ?

    • Yes. If someone meets the requirements to be eligible for naturalization under the 3-year-rule for spouses of US citizens, they are eligible to apply under that rule, even if they did not obtain their US permanent residence (green card) through their US citizen spouse.
      If you would like to schedule a consultation appointment with me to discuss your eligibility for naturalization to become a US citizen, you can call 901-507-4270, and my paralegal Jessica can assist you with scheduling an appointment.
      * Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. This is an advertisement. On this page we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This page is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. The views and statements expressed on this blog do not necessarily reflect the views of the Siskind Susser law firm. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed. https://goo.gl/N9sBtY

  12. Anonymous
    January 28, 2017

    Dear Ari: My green expired two months ago. Current in a two-year medical school program after which I will return for clinicals in the US. Plan to visit US in March-April. What should I do?

    • Someone who has not been outside the US for more than a year, but is outside the US when their 10-year green card expires, will need to obtain a Travel Letter (also known as a Boarding Foil) from the US Embassy or US Consulate before they will be able to return to the US. They should apply for a replacement green card as soon as they are back in the US. Someone who has been outside the US for longer than a year at a time, and does not have a valid Reentry Permit, and their 10-year green card expires while they are outside the US, will need to obtain an SB-1 Returning Resident Visa, as discussed above.
      If you would like to schedule a consultation appointment to discuss your situation with attorney Ari Sauer, you can call 901-507-4270, and my paralegal Jessica can assist you with scheduling an appointment.
      * Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. This is an advertisement. On this page we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This page is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed. https://goo.gl/N9sBtY

  13. ana
    January 27, 2017

    Mr.Sauer, my sister’s and her husban green card expired in 2011 while abroad, she has 4 kids that were born outside of United States, and 4 kids that were born in United states, these are citizens. How she can come back to united states please? Thank you

    • Ana: It is not possible for me to answer this questions for you here in response to a comment. Your sister and her husband will need to have a full consultation with me or another experienced immigration lawyer in order that we can determine what options may be available to them to come back to the US after their extended residence abroad.
      If you would like to schedule a consultation appointment for them to discuss their situation with me, you can call 901-507-4270, and my paralegal Jessica can assist you with scheduling an appointment.
      * Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. This is an advertisement. On this page we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This page is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed. https://goo.gl/N9sBtY

  14. Kalpita
    November 3, 2016

    Hello,

    I am married to a US citizen & had got a conditional green card in 2014. In 2015, I travelled out of the USA. I filed I-751 in 2016 before the expiration of my green card. I was still outside the US when I filed I-751. After 3 months my husband in USA received a denial letter. Now I am out of the USA for more than a year & my conditional green card is also expired. I have a 2 year old baby who is a US citizen. He is with me as he is small baby & cannot manage without a mother. I had to extend my stay as I was under treatment for my back with my homeopathic doctor. I want to go back to the USA. Please help me with the correct procedure.

    • If you are still together with your husband, your best option (and possibly only option) is to have him petition/sponsor you for permanent residence all over again.
      If you would like to have a consultation appointment with me to discuss what options may be available to you, you can call 901-507-4270, and my paralegal, Jessica, can help you to schedule an appointment.
      * This is an advertisement. Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. http://www.visalaw.com/ari.html . On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed.

      • Kalpita
        November 4, 2016

        Thank you so much for your reply. Appreciate your quick response.

  15. ces friebus
    September 12, 2016

    can us embassy in honduras issue a green card?

    • No. The US consulates cannot issue green cards. If someone needs to renew their green cards, they will need to apply with the US Citizenship & Immigration Services (USCIS). Although, US consulates do issue immigrant visas. And, as explained in the post above, the consulates can also issue SB-1 Returning Resident visas, where appropriate.
      I would recommend consulting with an experienced immigration lawyer to determine what your personal need is and what options are available to you.
      If you would like to have a consultation appointment with me to discuss what options may be available to you, you can call 901-507-4270, and my paralegal, Jessica, can help you to schedule an appointment.
      * This is an advertisement. Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. http://www.visalaw.com/ari.html . On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed.

  16. SAF Salie
    August 16, 2016

    I applied for our green card renewal from the US Embassy in our country in 2010 so far I did not get any reply please let me know what I should do
    Thanks
    Salie

    • Salie:

      It is unclear what you mean by your statement that you applied for a “green card renewal” from the US Embassy. I am assuming that you mean that you applied for an SB-1 Returning Resident Visa. The process should not take anywhere near that long. So my recommendation is that you consult with an experienced immigration lawyer and provide them with any documents you have relating to what you filed.
      If you would like to have a consultation appointment with me to discuss what options may be available to you, you can call 901-507-4270, and my paralegal, Jessica, can help you to schedule an appointment.
      * This is an advertisement. Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. http://www.visalaw.com/ari.html . On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed.

  17. Ahmed Faissal Abdelhady
    August 15, 2016

    Hi.

    I received a 10 yrs green card in 2005 and had to leave in 2006 and have not made it back to the US since then. I applied for a b1 visa and received it after telling the embassy I previously had a green card. Is it safe to travel with no trouble and is it possible to renew the green card taking in mind my whole family (mother,father, brother and sister) are now all US citizen.
    Thanks for the help.

    • When someone receives a green card and then later applies for a visitor (B1 or B2) visa the consulate will usually require the applicant to sign a statement that they have abandoned their US Permanent Residence (Form I-407) before the consulate will issue the person a visitor visa. Someone who has abandoned their permanent residence cannot “renew” their permanent residence (green card) because they no longer are a permanent resident. Instead, if they wish to become a US Permanent Resident again, they must go through the sponsorship/petition process again, and possibly wait for a visa to become available under the DOS Visa Bulletin, just like someone who has never been a permanent resident before. So, while it is possible for someone who has abandoned their permanent residence to become a permanent resident. Since each situation is different, it would not be possible for an attorney to tell someone whether that person specifically can become a Permanent Resident again without first having a full consultation appointment and obtaining all the details of that person’s history and situation.
      If you would like to have a consultation appointment with me to discuss what options may be available to you, you can call 901-507-4270, and my paralegal, Jessica, can help you to schedule an appointment.
      * This is an advertisement. Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. http://www.visalaw.com/ari.html . On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed.

  18. Souleymane
    July 17, 2016

    Mr Ari

    My name is Souleymane. I am overseas since last July (12 months almost) and i have a 2 years green card that expired last April.I would like to know how to go back to the USA.I heard about some Returning Residents Visas or/ and a Petition to remove conditions on Residence.I am very confused.

    I am looking forward to hearing from you

    Many thanks

    • It is different for someone who is/was a Conditional Permanent Resident (had a 2-year green card). Failing to timely apply to have the condition removed from a Conditional Permanent Residence (the 2 year green card) results in a loss of permanent residence status. So someone who leaves the US and lets their two year green card expire without filing an application to remove the condition from the residence is no longer a US Permanent Resident (green card holder) and therefore is not eligible to apply for an SB-1 Returning Resident visa. Depending on the reason why the person did not file a timely application to remove the condition from their permanent residence, and the amount of time that has passed since their card expired, the person might have the option of filing the application late with an explanation as to why they were unable to file a timely application. Failure to file before the card expires might be excused if the person can show that the delay was due to extraordinary circumstances beyond their control and that the length of the delay was reasonable. Another option is for the person to start again from square-one and to have their family member or employment-based sponsor re-petition for them and to apply for an Immigrant Visa again. For example, if the person is still married to their US citizen spouse, they may have the option of having their spouse file a new immigrant petition for them and applying for a new immigrant visa based upon that petition.
      If you would like to have a consultation appointment with me to discuss what options may be available to you, you can call 901-507-4270, and my paralegal, Jessica, can help you to schedule an appointment.
      * This is an advertisement. Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. http://www.visalaw.com/ari.html . On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed.

  19. Sarah
    May 27, 2016

    Hello,
    One of my friends is an undocumented immigrant. He was brought to the United States when he was a young boy with a valid visa. But since his father did not renew his family’s visa for reasons I do not know, they are considered to be “illegal.” They have stayed in the United States for years and my friend has attended school. The parents had a person file something that allowed my friend to work and drive. I believe it is renewed every year or two I think it is called DACA. So I was wondering if it is possible for my friend to be eligible for a green card without leaving the U.S.? My friend’s age is in the early twenties. If so can you please give me advice on what I can tell my friend and what procedures my friend must take? Is it possible for my to be a supporter when I am out of college? (I am a born citizen)

    • Sarah, your friend would need to have a full consultation appointment with an experienced immigration lawyer before they could answer this question. If your friend would like to have a consultation appointment with me to discuss whether there are any options available now or possible options in the future, you can call 901-507-4270, and my paralegal, Jessica, can help you to schedule an appointment.
      * This is an advertisement. Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. http://www.visalaw.com/ari.html . On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed.

  20. iftikhar
    May 20, 2016

    Hi,sir my parents have green card,they went to home country and my father has Heart attack there,doctors suggest them dont travel,now he is feeling better and doctors also allowed him to travel.
    they stayed out of usa for 3years,they want to come back now,thir green card are valid till 2019.plz guide us

    • Since they have valid green cards to use to travel, and the reason for not returning to the US was for medical necessity, they can return to the US with their green card, but they should bring with them proof of the heart attack and that they stayed abroad on the advice of doctor. They should also bring whatever evidence they have to show that they continued to maintain their permanent residence in the US and that they intended to return to the US when they could. If the admitting CBP officer has a question about their intent to maintain their permanent residence in the US, he/she will schedule your parents for a deferred admission hearing with CBP at a later date. At the hearing they will have the chance to show the medical need not to return to the US and their continued intention to maintain their permanent residence in the US. If they are scheduled for a deferred inspection interview, they would be allowed to hire an attorney prepare them for the deferred inspection interview and to accompany them to that interview.
      If you would like to have a consultation appointment with me to learn more about this, you can call 901-507-4270, and my paralegal, Jessica, can help you to schedule an appointment.
      * This is an advertisement. Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. http://www.visalaw.com/ari.html . On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed.

  21. juan carlos gutierrez
    February 18, 2016

    Hello my name is juan carlos gutierrez my greencard expired in 2013 while i was in colombia. With my status can i apply for a returning visa? If not can i apply for an nonimmigrant? What are my best chances?

    Thank you very much

    • Juan,

      You might be eligible for a Returning Resident visa, but since you have been outside the US for song, you might not have the best chance at getting it. Someone who has abandoned their permanent residence is able to apply for a nonimmigrant visa. I cannot say whether you are eligible for a nonimmigrant visa, or whether it would be better to try for the Returning Residence visa, without having a consultation with you first.

      If you would like to have a consultation appointment with me to learn more about this, you can call 901-507-4270, and my paralegal, Jessica, can help you to schedule an appointment.

      * This is an advertisement. Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. http://www.visalaw.com/ari.html . On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed.

  22. Mayra
    January 13, 2016

    Hi my name is Mayra and i went outside of the united states my green card expired , 4 years ago…. I have 6 Kids in the states can i still renew my card

    • Just having adult children in the US, is probably not a sufficient factor, by itself, to obtain an SB-1 Returning Resident Visa, if you stayed outside the US four years after your green card expired. But each case is different, and it may be that there are other factors as well, that you have not considered, that might help your case. Also, if any of your children are a US citizen who is 21 years old or older, they may be eligible to petition for you to receive a new immigrant visa and to return that way. In that situation, you would not be renewing your permanent residence (green card) but would be applying for a new one. You should consult with me or another experienced immigration lawyer about your available options to return to the US.
      If you would like to have a consultation appointment with me to learn more about this, you can call 901-507-4270, and my paralegal, Jessica, can help you to schedule an appointment.

      * This is an advertisement. Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. http://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.htmlhttp://www.visalaw.com/ari.html. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed.

  23. Ned Alhasan
    December 15, 2015

    Mr. Ari,

    I stayed in USA from 1992 till 2008. I received my green card approval in 1998, but received the actual card in 2000, with expiration date in 2010. I applied for my citizenship in 2006, and went through the test, but the result did not come, and I waited for long time going back and forth to Jordan and UAE for work, and to visit my wife. Any way my father had health problem, and truly it was so hard for me going back and forth 3 times sometimes to USA back and forth. I did not notice the expiration of my Green Card in 2010, and now it is been expired since. it is SAD that I live, and pay taxes for 16 years in USA, then Can not go back. is there is any way of possible way to go back to USA? I would appreciate your consultation. ni

  24. Emilija Popova-Foster
    October 3, 2015

    I am married to USA citizen since 1998 , my green card expired 2010 but I wasn’t able to renew it because me and my husband both lost jobs,Now my dad passed away and I had to return home for his funeral,How can I return back to my husband and family with expired green card? Please help, I ve been in USA 1997/now,married since 1998 , thank you

    • Emilija:

      I am not comfortable giving you a response to your question in this format, since it is not a simple question. You will need to have a consultation with me or another experienced immigration lawyer to determine the options available for your specific situation.
      * This is an advertisement. Ari Sauer is an attorney with the Siskind Susser law firm. You can call 901-507-4270 and speak with my paralegal to schedule a consultation appointment with me or another Siskind Susser lawyer. A standard consultation fee will apply for all consultation appointments. Visit our website at http://www.visalaw.com/about-visalaw/our-team-1/attorneys/ari-sauer/http://www.visalaw.com/about-visalaw/our-team-1/attorneys/ari-sauer/http://www.visalaw.com/about-visalaw/our-team-1/attorneys/ari-sauer/http://www.visalaw.com/about-visalaw/our-team-1/attorneys/ari-sauer/ .
      On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed. the opinions expressed here are those of Ari Sauer and do not necessarily reflect the opinions of Siskind Susser.

  25. Tayo
    October 2, 2015

    My Permanent resident aunt left the U.S. on a 2 year permit but will end up overstaying it by 5-6 months while the green card is still active ( just based on expiry date). Technically it is abandoning GC I believe but what will happen at the airport when she comes back using one way ticket? Deportation on the spot, take the green card, initiate deportation proceeding but allow her in? I know too hypothetical.

    • Tayo,

      It will depend on the officer and the situation. If the officer looks at the evidence she has with her, the length and purpose of the trip, and her situation and feels that she continued to maintain the US as her permanent residence and the trip was temporary in nature, then they would admit her as a permanent resident. Otherwise, they will likely schedule her for a Deferred Admissions hearing, at which time she will be able to present evidence in favor of her claim that she continued to maintain the US as her permanent residence and did not abandon her US residence.
      * This is an advertisement. Ari Sauer is an attorney with the Siskind Susser law firm. You can call 901-507-4270 and speak with my paralegal to schedule a consultation appointment with me or another Siskind Susser lawyer. A standard consultation fee will apply for all consultation appointments. Visit our website at http://www.visalaw.com/about-visalaw/our-team-1/attorneys/ari-sauer/http://www.visalaw.com/about-visalaw/our-team-1/attorneys/ari-sauer/ .
      On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed. the opinions expressed here are those of Ari Sauer and do not necessarily reflect the opinions of Siskind Susser.

  26. Frank Tubman
    September 30, 2015

    I was 14yrs old when I come to see my mom in Liberia and my green card expired since 2006 what do you think I can do

    • Frank:

      Unfortunately I do not have enough information about your situation to be able to respond. The possibilities of your situation range from there being nothing you can do on one extreme, to the possibility that you may be a US citizen on the other extreme. It just all depends on the facts of your situation and your history. I recommend scheduling a consultation appointment with me or another experienced immigration lawyer.
      * This is an advertisement. Ari Sauer is an attorney with the Siskind Susser law firm. You can call 901-507-4270 and speak with my paralegal to schedule a consultation appointment with me or another Siskind Susser lawyer. A standard consultation fee will apply for all consultation appointments. Visit our website at http://www.visalaw.com/about-visalaw/our-team-1/attorneys/ari-sauer/ .
      On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed. the opinions expressed here are those of Ari Sauer and do not necessarily reflect the opinions of Siskind Susser.

  27. Sellu Mac
    August 4, 2015

    Hi, i was issued a conditional green card couple years ago. My wife and I have applied to remove the condition. The application is pending. My conditional greencard expires in this month and i need to travel out of the country. Can i travel while the conditional greencard is expired and before the permanent greencard is issued?

    • The receipt notice for the I-751 states on it that it is proof of a one-year extension of the permanent residence. The receipt notice can be used together with the expired green card, for that one year period, unless the I-751 is denied before then. If USCIS takes longer than the one-year period to adjudicate the I-751, then the applicant can make an infopass appointment with their local USCIS office and obtain an I-551 stamp in their passport as continued temporary proof of their permanent resident status.

      * This is an advertisement. Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. http://www.visalaw.com/ari.html. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed.

  28. George Hanna
    July 9, 2015

    Hi Mr. Sauer,

    My mom has a green card and it was expired on 8/16/2014. My mom didn’t notice that and she has been out of the states for almost 2 years. When she purchased the ticket to come back from Jordan and the officer there didn’t allow her to board on the airplane because her card was expired. My mom can provide some medical reports since she left the states and went to Jordan because she can’t afford the medical expense in United States. Is there any hope that my mom can get her green card back?? I appreciate any ideas.

    Thank you for your help,
    George.

    • George:

      She would need to apply for an SB-1 Returning Resident Visa from the US consulate, as I explained in the post. If she couldn’t return to the US for medical reasons, then she may be able to get the visa. But they look at the whole situation, not just one thing, in determining whether you intended to maintain your US residence while you were abroad. It can help to have an attorney assist you with putting the application together.

      * This is an advertisement. Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. http://www.visalaw.com/ari.html. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed.

  29. Anonymous
    July 4, 2015

    Hello mr Sauer,.
    My mother received a green card through family (her parents, brothers, sisters and extended family moved to the usa from the Netherlands/curacao).

    I received my green card as a child but left the usa as a teen and moved back to the Netherlands along with my mother. Since them my green card expired years ago.

    I still have my 9 aunts/uncles and extended relatives living in the usa.are there still grounds for renewal?
    best regards Marcel

    • I don’t know enough about your situation to be able to answer your question. If the only thing you have going for you is that you have aunts and uncles in the US, then you are probably not going to be successful. But I would recommend that you consult with an immigration lawyer so that you can find out if there are other factors that might help give your application a better chance at being successful.

      * This is an advertisement. Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. http://www.visalaw.com/ari.html. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed.

  30. Ricardo Paul
    May 26, 2015

    Hello Mr Sauer,
    My parent travel between Caribbean and US, they had their permanent residents green card. However, my dad had a heart attach and was unable to travel. The remain in Caribbean as they still have a home there. Their green card expired 4/28/2015 and I am about to apply for renewal fro them now. My questions is this, will then need to visit an office, or will they mail them the green card to my home in the US? If my dad is still not clear to travel, what will they have to do?

    • Ricardo, see the article above. If he applies at the consulate soon, showing the medical emergency that kept him here in the US beyond the expiration date of his green card, he shouldn’t have any problem obtaining the SB-1 visa to reenter as a Permanent Resident.

      * This is an advertisement. Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. http://www.visalaw.com/ari.html. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed.

  31. Mithila
    November 29, 2014

    Hello Mr Ari,

    I am from Bangladesh.I have got my green card 2010, then I went USA and 3 month stay there. some of my family region I have come back to my country and I didn’t go to USA again.My petitioner was my husband unfortunately we are divorced right now. In that situation how can get my green card again. please can you get me proper advice. I have a social security card and text paid paper. almost 4 years ago my Green card expired.Please let me know,I will highly appreciate. one more thing Can I apply Visit visa for USA.

    Best Regards…

    • Mithila, It does not sound like you are eligible to get your green card again based upon your previous green card. It sounds like you had a conditional residence that you let expire while you were outside the US, and that you did not established the US as your residence. But the information you provided is a bit conflicting, so I cannot say for sure without a full consultation with you where I would be able to get your full history and see your documentation.
      As to the visitor visa, previously having a green card that the foreign national abandoned should not, by itself, be a basis for the DOS to deny a visitor visa to the US. But the person has to otherwise be eligible for the visitor visa.
      * Ari Sauer is an attorney with the Siskind Susser law firm. You can call 901-507-4270 and speak with my paralegal to schedule a consultation appointment with me or another Siskind Susser lawyer. A standard consultation fee will apply for all consultation appointments. Visit our website at http://www.visalaw.com/about-visalaw/our-team-1/attorneys/ari-sauer/ . This is an advertisement.
      On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed. the opinions expressed here are those of Ari Sauer and do not necessarily reflect the opinions of Siskind Susser.

  32. hanafy
    March 30, 2014

    hi im hanafy my staution is the same im out of usa now

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