Gave Up Green Card, Now want it back, Can I?

[CanadianEh1 0]

Hi....

I moved back to my country of origin because it was more favourable for me economically since there was an economic recession in the USA. Doing the right thing, I turned in the Green Card.

Now situation has changed, and I want it back.

Is it possible to get it back? If so, what is the procedure?

Any lawyers who think can help me, may contact me too, as I am open to hiring one.

Thank you!

[Merrytooth 5,748]

If you have a US spouse, he/she will have to file new petition (I-130) for you again.

[Zedayn 485]

Your US spouse will need to petition you again and file the I-130.

[kzielu 1,149]

Depending on what basis you received it earlier. You can't get it back because you want to, you can get it back if you're petitioned by your spouse or employer.

[Pitaya 2,577]

~Moved from ROC to What Visa Do I Need Forum~

~Inquiry about re-acquiring GC~

[BMW4me 12]

Depending on what basis you received it earlier. You can't get it back because you want to, you can get it back if you're petitioned by your spouse or employer.

+1

you can't get it back if you won it thru lottery

you can get it back if you were married and you got it thru marriage, just have to do all over again

[Navyk 78]

Hi....

I moved back to my country of origin because it was more favourable for me economically since there was an economic recession in the USA. Doing the right thing, I turned in the Green Card.

Now situation has changed, and I want it back.

Is it possible to get it back? If so, what is the procedure?

Any lawyers who think can help me, may contact me too, as I am open to hiring one.

Thank you!

If the first time you came through marriage to a US Citizen and if you are still marries to the US Citizen, then you can reapply I-130 and go through the immigration process again. There is no other short cut.

[aaron2020 11,651]

You cannot get back your green card. Once you gave it up, it's gone forever.

If you have a qualified relative, that person would need to start all over and file a new I-130 for you.

[Jawaree 718]

Seem like U should have requested a visitors visa when U turned it in,

in good faith, I'm not saying U would be guaranteed in getting the B1/2

but I knew someone who did and still visits....I must honestly say this was

pre 911

[NikLR 13,231]

Seem like U should have requested a visitors visa when U turned it in,

in good faith, I'm not saying U would be guaranteed in getting the B1/2

but I knew someone who did and still visits....I must honestly say this was

pre 911

OP is from Canada. No visitor visa needed.

[jan22 3,056]

Seem like U should have requested a visitors visa when U turned it in,

in good faith, I'm not saying U would be guaranteed in getting the B1/2

but I knew someone who did and still visits....I must honestly say this was

pre 911

But the OP didn't say he just wanted to visit the U.S. To go back and live and work, the other posters are correct -- new petition, new documents, new visa, then green card. If possible, then stay in US long enough to naturalize -- then you can go back and forth and live wherever it's best at the time!

[aleksandrafish 0]

Returning Residents


There is a special immigrant visa SB1 created for the cases when a legal permanent resident was outside the U.S. for longer than one year.

To schedule the appointment the applicant will need to register at http://www.ustraveldocs.com

(703) 988-71-07(if calling from U.S.). The applicant will need to complete DSP-117 form - Application to determine resident status. The cost of applying with this form, effective from April 13, 2012, is USD 275. After the form is completed and the supporting documents provided, the consular officer will conduct an interview to determine if he/she approves this application. If the decision is positive, the applicant will be given the instructions on what documents will be needed for an immigrant visa interview and how this interview could be scheduled. If you are interested in further documents, you can download Information Packet from our web site.

Regulations that might be helpful in preparing the supporting documents.

Department of State regulations specify the following evidence must be presented for an alien to qualify as a returning resident alien. The alien:
Was a lawfully admitted permanent resident of the United States at the time of departure;
At the time of departure, had the intention of returning to the United States;
While residing abroad, did not abandon the intention to return to the United States; and
Is returning from a temporary residence abroad; or if the stay was protracted, this was caused by reasons beyond the alien's control.

Documentary Evidence of Continued U.S. Residence

Documentary evidence of an alien's intent to maintain a U.S. residence may consist of, but is not limited to, the following:
A driver's license issued within the past year and reflecting the same address as that recorded on the Form I-94, Arrival-Departure Record;
The name and address of the U.S. employer and evidence that a salary has been paid within a reasonable period of time;
Evidence of children's enrollment in a U.S. school;
Evidence that extended visit abroad was caused by unforeseen circumstances;
Evidence of having filed U.S. income tax return(s) for the past year(s); and
Evidence of property ownership, whether real or personal, in the United States.

hope it will help u out someway

[aaron2020 11,651]

While residing abroad, did not abandon the intention to return to the United States

The SB1 visa will not work. When the OP turned in her green card, she gave up the intention to return to the US. She does not meet the requirements for an SB1 visa.

[kzielu 1,149]

hope it will help u out someway

No, it won't - not in a case when somebody turned GC in.

[JBW 0]

My wife had a green card before she met me. When we married, she decided to stay with me, and gave up her green card, thinking this was the right thing to do. A few years later we made the decision to move to the US together. But the fact of having a green card previously does not help you to get it back any faster, you are back to square one.

Not only that, it is much harder to get the green card than ever before, the whole vetting process is much more complex. My wife's first green card took 6 months to obtain, the second one took 2 years. Our lawyer (2nd time) questioned why she gave up the green card before, and she explained. His response was " NEVER EVER give up a green card until they force you to, or threaten to cancel it due to lengthy periods on non-residence in the US".

So it was a costly lesson for her, and for anyone contemplating doing the same, think very carefully about whether there is any chance you may reconsider later before turning in the card.