Enquiry

[geoako2121 0]

I am currently 29yrs of age but then I had my LPR status at the age of 7 through the DV lottery. At age 10, my mum brought me to Ghana, but then I didn’t visit the US all this while. Going through my documents this morning I just realized my green card expired about 10 years ago. My question here is am I eligible to apply for a returning resident visa or I’ll have to start the whole Immigrant visa process again.

[arken 4,197]

10 minutes ago, geoako2121 said:

I am currently 29yrs of age but then I had my LPR status at the age of 7 through the DV lottery. At age 10, my mum brought me to Ghana, but then I didn’t visit the US all this while. Going through my documents this morning I just realized my green card expired about 10 years ago. My question here is am I eligible to apply for a returning resident visa or I’ll have to start the whole Immigrant visa process again.

Starting a immigrant visa process is the good option if you have someone in the US who can petition for you.

[SusieQQQ 11,586]

I don’t see how you can argue for a SB returning resident visa, even if you argue what you did as a minor doesn’t count (and I don’t think they accept that argument anyway) it’s been 11 years since you turned 18. If you have someone to sponsor you that’s your main option, and you can enter DV (please, through the official website with no agents involved) in October as an outside chance.

[Mike E 11,739]

2 hours ago, geoako2121 said:

I am currently 29yrs of age but then I had my LPR status at the age of 7 through the DV lottery. At age 10, my mum brought me to Ghana, but then I didn’t visit the US all this while. Going through my documents this morning I just realized my green card expired about 10 years ago. My question here is am I eligible to apply for a returning resident visa or I’ll have to start the whole Immigrant visa process again.

There is a third option.  Just come home.  

 

Per  https://www.cbp.gov/document/guides/carrier-information-guide-english an expired ten year green card can be used to board a flight back to the USA.  However as I recall there was at least one situation reported on visa journey where someone attempted to do that and the airline refused boarding.  
 

The work around is to file I-90 to replace your green card.  You can then use the I-797 receipt with your expired green card to board a flight back to the USA. 
 

Now because you have been away for so long, CBP might consider you be an arriving alien versus a returning resident.  https://www.aila.org/File/Related/18110604b.pdf tells you how to handle that.  
 

FWIW, I know of a child LPR whose father removed the child from the USA.  The child’s green card expired    The child wanted to come home, and arranged for a relative in the USA) to help with the I-90 filing.  With the I-90 receipt (delivered to the relative in the USA, who then brought the receipt to child’s

country) expired green card, and valid passport the child was able to board the flight to the USA.
 

At the USA port of entry the child had no problems entering.  “Not a single question”.  

[SusieQQQ 11,586]

Not so sure it is s easy as filing an i90 but sure you can try that and see if it somehow works. 
 

Also don’t see see where just an expired green card can be used. The page from the link says 

 

U.S. RESIDENTS — must provide one of the following:
• Permanent Resident Card, Form I-551
• Expired Conditional Resident Card, Form I-551 accompanied by Form I-797, Notice of Action indicating the card validity is extended
• Immigrant Visa and passport
• Temporary Residence Stamp (“ADIT”) contained in a passport or on Form I-94
• Reentry Permit, Form I-327
• Refugee Travel Document, Form I-571
• Parole Authorization, Form I-512
• U.S. Government issued Transportation Letter / Lincoln Boarding Foil

[SusieQQQ 11,586]

Of course OP should also realize that the i90 option will cost $540.

 

and hmmmmm 12 months extension from the date on the green card is going to do nothing for OP, considering the math means it must be about 12 years since the green card expired.

 

https://www.visalawyerblog.com/uscis-updates-i-90-receipt-notices-to-extend-lpr-validity-beginning-january-current-processing-time-for-employment-based-eads/

Starting in January (2021], USCIS will replace the sticker with a revised Form I-797, Notice of Action, that will automatically extend the resident’s green card validity, as part of the I-90 green card renewal application process

When presented together with the Green Card, the revised Form I-797 will extend the Green Card’s validity for 12 months from the date on the front of the Green Card, and also serve as temporary proof of the LPR’s status in the country.

This change was made to ensure that LPRs with a recently expired Green Card will have documentation of identity, employment authorization, and authorization to return to the United States following any temporary foreign travel.

 

Edit: and in fact this makes it sound like OP would not even get any extension notice 

 

Provided that your card is not yet expired or has been expired less than one year, the letter will provide an extension.  The receipt letter must be printed on secure paper and say, "This notice provides evidence of your lawful permanent resident status for 12 months from the expiration date on your Form I-551, Permanent Resident Card (also known as a Green Card)."

https://citizenpath.com/form-i-90-processing-time/

 

So yeah, it definitely doesn’t sound as easy as just filing an i90…

Edited July 15, 2021 by SusieQQQ

[SalishSea 17,828]

8 hours ago, Mike E said:

There is a third option.  Just come home.  

 

Per  https://www.cbp.gov/document/guides/carrier-information-guide-english an expired ten year green card can be used to board a flight back to the USA.  However as I recall there was at least one situation reported on visa journey where someone attempted to do that and the airline refused boarding.  
 

The work around is to file I-90 to replace your green card.  You can then use the I-797 receipt with your expired green card to board a flight back to the USA. 
 

Now because you have been away for so long, CBP might consider you be an arriving alien versus a returning resident.  https://www.aila.org/File/Related/18110604b.pdf tells you how to handle that.  
 

FWIW, I know of a child LPR whose father removed the child from the USA.  The child’s green card expired    The child wanted to come home, and arranged for a relative in the USA) to help with the I-90 filing.  With the I-90 receipt (delivered to the relative in the USA, who then brought the receipt to child’s

country) expired green card, and valid passport the child was able to board the flight to the USA.
 

At the USA port of entry the child had no problems entering.  “Not a single question”.  

If it's as easy as that, why do green cards even expire?

[geoako2121 0]

Many thanks to u all for the wonderful ideas, I guess I’ll try my luck with the dv lottery 

[HRQX 4,145]

5 hours ago, SusieQQQ said:

Also don’t see see where just an expired green card can be used. The page from the link says

Seems Mike E's post is relying on: "Cards with expired I-551s may be boarded without penalty if the card was issued with a 10-year expiration date."

 

That sentence has changed in-between editions. For example, in 2009 it said: "LPRs with expired I-551s may be boarded without penalty provided the card was issued with a 10-year expiration date and the resident has not been out of the United States for longer than 180 days." https://www.hsdl.org/?view&did=38176

[Racethom 2]

7 hours ago, geoako2121 said:

Many thanks to u all for the wonderful ideas, I guess I’ll try my luck with the dv lottery 

Don't you have anyone in the US to petition for you? DV lottery is good but not everybody wins it.