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Filed: Timeline
Posted

Dear Sir/Madam,

I am a lawful permanent resident of the U.S. My green card was issued in 1978, at the point when there was no expiration date placed on them. I came back to my home country in 1980's and now after nearly 32 years, I want to come back to USA . Kindly tell me how to enter in USA and how to apply for my new permanent resident card. I have few questions. Kindly answer them.

1) Can I enter to USA with my existing green card and then apply for a new permanent resident card by filing Form I-90, along with the filing and biometric fees.?

2) If not, Should I have to come on Visit visa first and then apply for my new permanent resident card ?

3) Would I be able to e-file (online)?How to re-enter USA, My "Green card" has no expiration date?‏

4) What is the correct and complete procedure to re-enter USA in my situation ?

Waiting for your reply.

Thank you.

Filed: Citizen (apr) Country: Poland
Timeline
Posted

I'm afraid you can't just re-enter. You obviously abandoned your permanent resident status and now without qualifying for a new green card (through family, employment or diversity visa) you can't just re-enter. Fact that you had a green card 32 years ago unfortunately would not matter here much.

Filed: Citizen (apr) Country: Australia
Timeline
Posted
1) Can I enter to USA with my existing green card and then apply for a new permanent resident card by filing Form I-90, along with the filing and biometric fees.?

2) If not, Should I have to come on Visit visa first and then apply for my new permanent resident card ?

3) Would I be able to e-file (online)?

4) What is the correct and complete procedure to re-enter USA in my situation ?

1. Nope. You are no longer a US resident. You have a pretty decorative card, nothing more.

2. Under what basis?

3. Under what basis?

4. Depends on your personal circumstances. You are like anyone else who never had a greencard. You'll need to be married to a USC in a bonafide relationship, or a work visa, investor visa, student visa etc etc.

Filed: Citizen (apr) Country: Canada
Timeline
Posted (edited)

Duplicate topics have been merged and duplicate post removed.

~~~~~~~~~~~~~~~~

Moderator hat off now . .

If I understand you correctly, you have been living outside of the US for 32 years? If this is so, I am afraid your green card, even without an expiration date, was cancelled a long, long time ago.

In order to keep a green card valid, one needs to be living in the US. The green card is proof of permanent residency - but if you take up residency in another country, then that is one of the grounds for USCIS (formerly INS) to cancel your permanent resident status. If you expect to be out of the US for more than a year, then you are supposed to apply for a re-entry visa, and if you are out of the country for more than 2 years even with the re-entry visa, when you wish to return you would be challenged to prove you have maintained the necessary residential ties to show you had no intentions of taking up residence outside of the US and that your absence was always meant to be temporary. Living outside of the US for 32 years means you failed to satisfy the requirements to keep your permanent resident status in the US and thus, it would have been revoked.

Also, all Permanent Residents who had the old style green cards that had no expiry date were required to have those replaced a number of years ago. USCIS staggered the replacement schedules so I believe people received notices advising them whento come in and update their green card. If you were out of the country any notice sent to you by USCIS would have been returned to them as undeliverable. Without a valid address for you - another requirement for keeping your permanent resident status - USCIS would definitely have placed some sort of hold on your file at that time. Since a number of years have passed and you have not contacted USCIS to replace your undated card because you were no longer living in the US, they probably took action on cancelling your card at that time.

Unfortunately, you are not able to 'renew' or get a new permanent resident card based upon your original permanent resident status. You will need to go through the whole immigration process all over again from the beginning. That means fitting into a qualifying category and having an eligible family member or employer who will sponsor you to become a permanent resident once again.

In your situation, the correct way to re-enter the US would be to apply for a visitor's visa if one is required for citizens of your country, or if you are eligible for the Visa Waiver process, you can try that. If you try to use your green card to enter, it will be confiscated at the US border, you will be denied entry and you may run into some further difficulties if USCIS believes you may be trying to commit immigration fraud - using invalid documents to gain an immigration benefit.

You should probably make an appointment at the US Consulate closest to you in your country. They will be able to confirm the status of your permanent residency in the US and advise you best on how to 'visit' the US.

Good luck.

Edited by Kathryn41

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

. Lucy Maude Montgomery, Anne of Green Gables

5892822976_477b1a77f7_z.jpg

Another Member of the VJ Fluffy Kitty Posse!

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted

Dear Sir/Madam,

I am a lawful permanent resident of the U.S. My green card was issued in 1978, at the point when there was no expiration date placed on them. I came back to my home country in 1980's and now after nearly 32 years, I want to come back to USA . Kindly tell me how to enter in USA and how to apply for my new permanent resident card. I have few questions. Kindly answer them.

1) Can I enter to USA with my existing green card and then apply for a new permanent resident card by filing Form I-90, along with the filing and biometric fees.?

2) If not, Should I have to come on Visit visa first and then apply for my new permanent resident card ?

3) Would I be able to e-file (online)?

4) What is the correct and complete procedure to re-enter USA in my situation ?

Waiting for your reply.

Thank you.

Contact the US embassy in your country and ask there.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Filed: Timeline
Posted

I lived in the US for like 10 years, I Worked in the US, and I did paid taxes in the US.

I think there still a change for me to renew this green card and get my status back.

@ ALL

if anyone have a better solution to get my green card back, Kindly guide me. Thank you.

Filed: Citizen (apr) Country: Australia
Timeline
Posted

I lived in the US for like 10 years, I Worked in the US, and I did paid taxes in the US.

I think there still a change for me to renew this green card and get my status back.

@ ALL

if anyone have a better solution to get my green card back, Kindly guide me. Thank you.

There really is no solution for you to "get it back". The only way to get an SB-1 (returning resident visa) is to prove staying out of the US wasn't on purposes. For 32 years that's hard to prove, I'd bank on "impossible".

Have you paid taxes in the US these 32 years?

The only way to get a NEW GC would be to start all over again like everyone else does. GC lottery, investor visa, work visa etc

Filed: Citizen (apr) Country: Poland
Timeline
Posted

I lived in the US for like 10 years, I Worked in the US, and I did paid taxes in the US.

I think there still a change for me to renew this green card and get my status back.

@ ALL

if anyone have a better solution to get my green card back, Kindly guide me. Thank you.

No one really had any interest in misguiding you here. You can loose green card after as little as 1 year of being out of US and we're talking about 32 years here. Do some research yourself, you'll find out that maintaining residency is fundamental to keep resident status.

Filed: Citizen (apr) Country: Canada
Timeline
Posted (edited)

Here is the information from USCIS (United States Citizenship and Immigration Services) directly about how you abandon Permanent Resident status in the US: http://www.uscis.gov...000082ca60aRCRD

I have highlighted 4 areas that appear to be relevant to your situation. As many of us have found, USCIS is a "stickler" for the rules.

Abandoning Permanent Resident Status

You may be found to have abandoned your permanent resident status if you:

  • Move to another country intending to live there permanently
  • Remain outside of the United States for more than 1 year without obtaining a reentry permit or returning resident visa. However, in determining whether your status has been abandoned, any length of absence from the United States may be considered, even if less than 1 year
  • Remain outside of the United States for more than 2 years after issuance of a reentry permit without obtaining a returning resident visa. However, in determining whether your status has been abandoned any length of absence from the United States may be considered, even if less than 1 year
  • Fail to file income tax returns while living outside of the United States for any period
  • Declare yourself a "nonimmigrant" on your tax returns

Edited by Kathryn41

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

. Lucy Maude Montgomery, Anne of Green Gables

5892822976_477b1a77f7_z.jpg

Another Member of the VJ Fluffy Kitty Posse!

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted

I lived in the US for like 10 years, I Worked in the US, and I did paid taxes in the US.

I think there still a change for me to renew this green card and get my status back.

@ ALL

if anyone have a better solution to get my green card back, Kindly guide me. Thank you.

Are you not able to find the contact information for the nearest US Embassy? Are you expecting someone to do the work for you?

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Posted

Diversity lottery? Are you quite skilled and can get a job and an employment visa? Have a large sum of money to invest? An American girlfriend?

Otherwise, there are no other options unless you can prove you couldn't return for 32 years because of circumstances beyond your control. Like being kidnapped and held hostage or in a coma.

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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