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. 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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90 comments on “I stayed abroad after my green card expired. Can I renew my green card?”
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Ari Sauer
Ari Sauer is an immigration law attorney with the Memphis office of the Siskind Susser law firm. Ari answers questions on US immigration law submitted by readers. Email Ari Sauer to submit a question. immigrationanswerman@gmail.com
Immigration Lawyer Ari Sauer - The Immigration Answer Man 
Hello Mr. Sauer,
I have my temporary green card expired and my green card extension expired also on 30 of march. I left from US in Europe on January 10 without thinking I cannot come back because everything that is happening with Covid-19. I did not risk it to come back before my green card extension was about to expire( 30th of march ) and I am still in Europe. I have to mention that my case for a permanent green card is still in pending, I applied 2 years ago. But trump administration has just suspended all the immigration services because of COVID19. What are the chances for me to come back to US after everything is done? Can I travel with a border paper?
When the ability to travel returns, you will need to apply to the US consular post for permission to travel back to the US. If at that time you have been outside the US for less than a year, you will need to apply for a Boarding Foil (Also sometimes called a Travel Foil, a Boarding Letter, or a Travel Letter). If you have been outside the US continuously for a year at that point, then you will likely have to apply for an SB-1 Returning Resident visa.
Hello Mr. Sauer!
My case is similar to others here. My US Green Card expired 2010 – and have not been in the US since 2007. That said, is it anywhere possible to renew the Green Card status? I could not explain any reason why I could not returm to the US, in fact I could and I did not. Would the situation change if I somehow succeed to enter the uS and apply inside the US for a renewal? In short: are there any chances and if so, which is the easiest?
Thank you for your reply!
Kind regards,
Andre
Sorry, but no. You can’t renew your previous green card. If you are interested in returning to live in the US, you should consult with me or another experienced immigration lawyer about what options are available, if any, to be sponsored for permanent resident status again.
I have been asked by a friend of mine to ask if the Diversity Program Visa (Lottery) would be valid after it was not used or misused in 1992. He got his name in the lottery.
Can he pursue the case as he was hoodwinked by someone and used all his information to get the visa (He is not sure whether a visa was issued or not – He was very naive and didn’t realize that someone was using him)
My friend does not know if that person actually got the visa or not. Can we check here with USCIS if a visa was issued against the National Identity Card Number that got selected.
If a visa was not issued, would it be possible to still process his visa based on that selection after 26 years.
Unfortunately, someone who is chosen in the Diversity Visa Lotty must receive the Immigrant Visa or be granted Adjustment of Status by the end of that Fiscal Year, which ends at the end of September, or they lose the ability to obtain an Immigrant Visa or Adjustment of Status based on their being chosen in the lottery.
My name is Tashira I have been a US resident since 06/97 I traveled to panama in march 2017 did not k now that my card was about to expired in may 2017. I’m still here in panama trying to find a way or solution to reentered the us. is there any possible way I can do so. I been out of the us now 1 yr and 3 months. please advice
Since you have been outside the US for more than a year, you will need to apply for an SB-1 Returning Resident Visa. The sooner you apply, the better your chances will be of approval. But applying for an SB-1 visa is more than just filing an application. You must show that you have continued to maintain your US permanent residence despite your long stay outside the US. I recommend that you contact an experienced immigration lawyer about applying for the SB-1 visa as soon as you can.
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.
Hi My name is Garrett and I am a US citizen. My wife received her temporary (2 years) green card in 2008. As soon as she received it we needed to go back to Istanbul since her father had a heart attack and he needed a patient care. She took care of her father really well until he passed away. Anyway, after that we stayed in Istanbul till now and she never entered the USA during past 10 years.
I am recently back in the states again for good. My wife and my kids are coming back to live in the states permanently In July 2018. My kids are US citizen as well. My wife has a valid B1/B2 Tourist visa to enter the country. What is your suggestion to reinstate her expired temporary green card, please? Should we apply again like she never had a green card before once she is back in the county?
Thanks,
Garrett
As she abandoned her prior green card, you will need to treat this the same way that you would if she never had a green card.
Hi Mr. Sauer –
I am currently a permanent resident (past 9 years) – my green card is set to expire next year. I am in the process of completing my N400 for naturalization – however, I am set to partake in a firm sponsored secondment (2 years in another country).
The timing will likely coincide with the expiration of my green card and I fear the N400 will not be processed in time prior to the secondment. What would you suggest be the best option to ensure residency and reentry upon my return in 2 years.
Thank you for your time
You should apply for a Reentry Permit. Also, make sure that you continue to file your IRS Tax Returns each year, and that you file as a US resident. Do not file as a Nonresident or fail to file at all, even though your accountant may tell you to do so. You might also be eligible to apply for an N-470, Application to Preserve Residence for Naturalization Purposes. If you would like to discuss these options further and other ways to show that you are maintaining your US permanent residence, or you would like assistance with these processes you can schedule a consultation appointment with me or another experienced immigration lawyer.
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.
Dear Ari Sauer,
My Father’s green card expired 24 years ago, exactly 1994. He is now living in Africa. The reason that he did not renew his green card was that long civil war started in Somalia, which is still going in many parts of the country. He made couple of attempts to renew from neighbouring country US embassy, but he didn’t succeed. This required him money and legal advice which he did not have. Now my father is elderly and he is terminally ill, he need medical assistance which is not available in Somalia.
My question here is: Is there any chance to renew his green card which is expired 24 years ago? and if this is possible what is the best option to take
I live in UK and and I can provide any more information about my father’s case
Looking forward hearing from you
Kind Regards,
Hamda Abdi
That is interesting, as green cards that were issued before August of 1989 did not have expiration dates, and those issued since 1989 generally have a 10-year validity date (except for conditional residence cards issued for 2 years) so I would not expect to see many green cards that expired prior to 1999. But even if your father’s green card didn’t have an expiration date, if he has not been back to the US since the 1990’s, it would be very surprising if the consulate were to issue a Returning Resident Visa. Sorry. If he has a basis to apply for a new permanent residence (for example if he has a US citizen child who is over 21 that would like to sponsor him) then he should look into that.
* Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. To schedule a consultation appointment with attorney Ari Sauer, call 901-507-4270. 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
10 year green card expired 4 years ago, have been overseas since. I was unaware that i could have applied for reentry or a boarding foil until now. is returning resident visa the best option?
A Returning Resident Visa might not be an option at this point. To obtain a Returning Resident Visa, a foreign national with a protracted stay abroad must show that their failure to return to the US was due to circumstances beyond their control and for which the foreign national was not responsible.
If you would like to consult 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
If it was due to circumstances beyond my control what are some forms of proof would I have to present
That would depend on what the reasons were for the inability to return to the US.
plane fare for example; no available funds to buy a ticket or to file for a renewal
I imagine that you would have a hard time documenting for the consular officer that you were planning on taking a trip outside the US that was supposed to last for less than a year, and have been trying to get back to the US for more than 4 years since then, but have been unable to do so because you have not been able to obtain enough funds to buy a plane ticket back to the US. Unfortunately, I do not see that being a successful explanation, unless your situation is extremely unusual and there is a lot more to your situation than that.
if the person financially responsible for me wasnt willing to assist in any fees or a ticket because they were under the impression that an expired PR card meant a loss of status and saw it as a waste of time and money to try, despite being told otherwise by me
Hi Ari,
I have a question. My parents got green card but went back to and stayed in their home country for many years and the green card is about to expire. I assume they can not use the green card for reentry. My question is: can I reapply for their green card again? (the first time my sister applied for them). I am US citizen.
Thanks
LL
Yes. Someone who abandons their US permanent residence still has the option to reapply for a new immigrant visa based on a new immigrant petition. It works the same way as if they had never had US permanent residence in the past. So someone who obtained permanent residence through a US citizen child, and then abandons their residence, can later obtain US permanent residence again through that same US citizen child or a different US citizen child (or even on a different basis, such as if they now have a US citizen spouse).
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.
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.
Hello, my mother was a green card holder. She went home 8 yrs ago to taking care of her sick mother. She came back to US about 2 yrs ago and her green card will expire soon. What kind of form do I need. Help please I’m really stressed out! I would like mother to stay with me so I can take care of her. Thank you
Someone who is renewing a 10-year green card, and is inside the US when they apply to renew the card, would use the Form I-90 Application to Replace Permanent Resident Card. If the person has spent long periods of time outside the US, they may want to consult with an experienced immigration lawyer to discuss what to do if USCIS claims that the person failed to maintain their US Permanent Residence.
If you would like to consult 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.
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.
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
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.
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.
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.
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.
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.
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.
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.
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.
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
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
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
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.
Thank you so much for your reply. Appreciate your quick response.
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.
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.
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.
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.
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.
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.
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.
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.
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
Se my explanation above about applying for the SB-1 Returning Resident Visa. It might be that you have a basis to obtain the SB-1 visa, although each individual situation is different. You should have a consultation with me or another experienced immigration lawyer about the possibility of obtaining an SB-1 Returning Resident Visa.
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.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.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.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.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.
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.
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.
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.
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.
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.
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.
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.
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.
hi im hanafy my staution is the same im out of usa now