Process on Expired Green Card

[MZK 8]

Hello:

 

I have a question. What is the process for someone who has their 10-year green card but it expired 9 years ago? Is the renewal process going to be the same just like for any other green card renewal process or is it more complicated than that?

 

Thank you so much!

Edited August 6, 2021 by MZK

[SusieQQQ 11,586]

Have you been residing inside the US all the time?

[JeanneAdil 6,498]

you  just entered 4/21 with your approved visa so this is not about u //   the person that needs this info should join and ask  as they have all pertinent information and VJ community will ask a lot 

Edited August 6, 2021 by JeanneAdil

[HRQX 4,145]

1 hour ago, MZK said:

Is the renewal process going to be the same just like for any other green card renewal process

Same process: https://www.uscis.gov/i-90 "Reason for Application: My card will expire within six months or has already expired."

[MZK 8]

10 hours ago, SusieQQQ said:

Have you been residing inside the US all the time?

No. This family member has been residing outside the US for the most part.

[HRQX 4,145]

49 minutes ago, MZK said:

No. This family member has been residing outside the US for the most part.

That may complicate things when trying to re-enter: https://www.uscis.gov/green-card/after-we-grant-your-green-card/maintaining-permanent-residence

Abandoning Permanent Resident Status

You may also lose your permanent resident status by intentionally abandoning it, including but not limited to:

• Moving to another country and intending to live there permanently;
• Declaring yourself a “nonimmigrant” on your U.S. tax returns; or
• Remaining outside of the United States for an extended period of time, unless it’s a temporary absence, as shown by:
  • The reason for your trip;
  • How long you planned to be absent from the United States;
  • Any other circumstances of your absence; and
  • Any events that may have prolonged your absence.

• Note: Obtaining a re-entry permit from USCIS before you leave, or a returning resident visa (SB-1) from a U.S. consulate while abroad, may help show that you planned for this to be a temporary absence.

 

 

If the LPR refuses to sign Form I-407 then the matter would eventually be forwarded to an IJ.

[carmel34 3,626]

5 hours ago, MZK said:

This family member has been residing outside the US for the most part.

He/she will have to start the immigration process all over again.  Living outside the US for 9 years is pretty clear evidence of abandoning US residency.

[Chancy 6,241]

On 8/7/2021 at 4:33 PM, HRQX said:

If the LPR refuses to sign Form I-407 then the matter would eventually be forwarded to an IJ.

 

Assuming the airline staff will even let them board the plane with a long-expired GC.

 

[MZK 8]

So basically, their green card is considered "expired"? If that's the case, how does the person go about appealing that? To show that they did not really abandon their US residency.

[SusieQQQ 11,586]

23 minutes ago, MZK said:

So basically, their green card is considered "expired"? If that's the case, how does the person go about appealing that? To show that they did not really abandon their US residency.

The problem is not the expiry date on the card, the problem is

 

On 8/7/2021 at 12:40 AM, MZK said:

No. This family member has been residing outside the US for the most part.

 After 9 years, when the criteria for abandoning is 1 year? That’s a big uphill battle. Assuming all of the 9 years was due to factors beyond the person’s control, they could apply for a SB1 returning resident visa.