Returning to US with Expired Green Card?

[Greggy 0]

Is it possible to return to the US if your Alien Resident card has expired(over 6 years ago) and you have been out of US for approximation 10 years?

The person traveled home and ended up staying caring for his father until he recently passed away. he still had some activity and keeps receiving mail in the US but is there any way for him to return?

Thanks!

[Shiobhan 235]

Wow 6 yrs, thats GC abandonment, he shold get solid proofs & parent death certicate and apply for re-entry, he cant just pop up at POE one day with the card , he'd not be allowed to enter

he should go to the nearest consulate and get information on how to do this also check out USCIS site in the meantime.

[Harpa Timsah 13,258]

No, he cannot return. He abandoned his residence some time ago. There is a returning resident visa, but I think with 10 years out he clearly intended to abandon his status. To get the returning resident visa one must show that they did not intend to abandon residence and that circumstances were beyond their control.

[Greggy 0]

I guess leaving to care for his sick father might not be considered "circumstance beyond his control" but I guess a trip to the embassy finding out about the returning resident visa might be worth it.

He acquired the resident alien status in 1991-2 when migrating with wife, children and other family members (everyone is still living in and are citizens of US). The status was most likely refuges but I am not 100% sure.

Thanks everyone for the great feedback.

[Darnell 8,478]

well, his wife could petition for him now, filing an I-130, culminating in a spousal visa -

so that's always a path available to him, nowish.

[Penguin_ie 5,994]

*** Moving from AOS to General Immigration ****

Being gone that long, there isn't even a Returning Resident visa chance I would say. However, with the wife being a US citizen, she can petition for him for a IR-1 spousal visa, should take less than a year.

[bigdog 376]

*** Moving from AOS to General Immigration ****

Being gone that long, there isn't even a Returning Resident visa chance I would say. However, with the wife being a US citizen, she can petition for him for a IR-1 spousal visa, should take less than a year.

:thumbs:Probably the easiest. After our first hassle of getting a GC, I think one would not let this happen.

[amykathleen2005 441]

He's been away from his family for 10 years!?

[LIFE'SJOURNEY 970]

So do you'll think there is still a wife, if he has beem 'MIA' for 10 years. Do you'll think the CO at the consular would believe this?

Edited December 16, 2012 by LIFE'SJOURNEY

[Shiobhan 235]

Is it 10 or 6 yrs? in any case thats a long time, but lets say its a longterm terminal illness and he could prove it

maybe thats Y the family here was understanding, did they visit him and is the wife willing to petition him?

Is it 10 or 6 yrs? in any case thats a long time, but lets say its a longterm terminal illness and he could prove it

maybe thats Y the family here was understanding, did they visit him and is the wife willing to petition him?

[Gary and Alla 3,694]

Is it possible to return to the US if your Alien Resident card has expired(over 6 years ago) and you have been out of US for approximation 10 years?

The person traveled home and ended up staying caring for his father until he recently passed away. he still had some activity and keeps receiving mail in the US but is there any way for him to return?

Thanks!

NO

[Gary and Alla 3,694]

*** Moving from AOS to General Immigration ****

Being gone that long, there isn't even a Returning Resident visa chance I would say. However, with the wife being a US citizen, she can petition for him for a IR-1 spousal visa, should take less than a year.

Exactly. His green card is worthless and he is no longer a resident. If he is still married his wife can petition him for a new visa and be prepared to show exactly HOW they have a bona fide marriage still in progress.

[YpsiFella 20]

Exactly. His green card is worthless and he is no longer a resident. If he is still married his wife can petition him for a new visa and be prepared to show exactly HOW they have a bona fide marriage still in progress.

In fact, when he gets to the border they will yank him into secondary because he has not returned the green card or previously abandoned his ststus. They will take it (the GC) at that point and he will have to sign an I-407 formally abandoning his previous status. If he does not do this he will not be allowed entry. If he does not have the card there will be many questions if he has not previously reported it lost or stolen. If he makes application for I-130 without closing out the old status I suspect that it will cause serious delay in the new application.

I went through this at the border last week. Had my green card lost or stolen (don't know which) but had reported it as such. The replacement did not come before I had left the US to resume work in Canada. My wife and I now want to head back to the US.

Good luck.

[Greggy 0]

He's been away from his family for 10 years!?

So do you'll think there is still a wife, if he has beem 'MIA' for 10 years. Do you'll think the CO at the consular would believe this?

Is it 10 or 6 yrs? in any case thats a long time, but lets say its a longterm terminal illness and he could prove it

maybe thats Y the family here was understanding, did they visit him and is the wife willing to petition him?

Exactly. His green card is worthless and he is no longer a resident. If he is still married his wife can petition him for a new visa and be prepared to show exactly HOW they have a bona fide marriage still in progress.

Actually, they have been divorced for about 5 years because it was getting difficult(legally) to be married but live different lives so far apart. The children did visit quite often and even lived with him for a few years. They would definitly petitiion but it doesnt sound like that is possible now since they are legally divorced.

In fact, when he gets to the border they will yank him into secondary because he has not returned the green card or previously abandoned his ststus. They will take it (the GC) at that point and he will have to sign an I-407 formally abandoning his previous status. If he does not do this he will not be allowed entry. If he does not have the card there will be many questions if he has not previously reported it lost or stolen. If he makes application for I-130 without closing out the old status I suspect that it will cause serious delay in the new application.

I went through this at the border last week. Had my green card lost or stolen (don't know which) but had reported it as such. The replacement did not come before I had left the US to resume work in Canada. My wife and I now want to head back to the US.

Good luck.

The GC is not lost but I don't think he would even be able to get to the border because they probably will not let him on the plane to the US.

[Penguin_ie 5,994]

Ok the ex wife cannot petition but the kids (assuming they are US citizens) can. The process is very similar and also should take less than a year.