Expired Green card reapplication from overseas

[Vin&Rachel 7]

Hi guys, 

I have a US greencard that was issued in 02/2018, and expired in 02/2020. My American wife and I moved up to Canada for a half a year in 2018 for work but ended up staying for three years because of the pandemic. We're now looking at moving back to the US. 
I didn't fill out a reentry application form. 

I can't find any information on how to reapply for my Green card.
Does anyone know which form I can be refereed to? 

Thanks in advance. 

Best,
Vin 

[Dashinka 24,493]

So you have not filed the I751 for removal of conditions yet?  Btw, the pandemic did not officially begin until the 1st quarter of 2020, so I expect you will need a better explanation as to why you did not file to remove conditions.

 

Good Luck!

[Vin&Rachel 7]

Sorry, my mistake, we arrived in Canada in 2019, not 2018.

No, I didn't apply to remove conditions through i751.
If it is too late to do that, what form can I look at to reapply for my status? When i first arrived it was through the Fiance visa and then AOS. If my residency has been terminated, then i cant currently adjust from anything.

[Boiler 45,486]

How as a UKC did you manage to stay in Canada for 3 years?

[Dashinka 24,493]

You can look at filing the I751 late with an explanation and I don't think Covid19 will be a good reason considering there was never any issues with USCs or US LPRs returning to the US.  Search in the VJ search bar I751 late filing.  There is also a way you can check your current status, but I forgot the link for that site, so maybe someone else has it.

 

 

[Vin&Rachel 7]

2 minutes ago, Boiler said:

How as a UKC did you manage to stay in Canada for 3 years?

I was offered a skilled-work permit (I work in the games industry) in Canada, once the pandemic kicked in just as we were supposed leave in the start of 2020, we ended up staying because of the risks around lock downs. Seems like a trivial subject now but we werent thinking about visa stuff at the time. Because we were in canada, i reapplied for my work permit hoping the lock downs would end. But they didn't. 

[arken 4,197]

19 minutes ago, Vin&Rachel said:

No, I didn't apply to remove conditions through i751.
If it is too late to do that, what form can I look at to reapply for my status?

The answer to your question is in your post 😁.

i751 is the only form you can go with. You are 2 years late and out of the US for the entire period. You can file for i751 with a good reason on why you are late like 2 years late in filing. If they deny your case, your next step is to go through i130 process.

 

Lots of roadblocks though even if uscis initially accepts your i751 and sends you the receipt notice to a US address that you need to use. The notice comes with 24 months extension of your current GC which will be expired this month so can't travel using that even if somehow someone can mail you that notice to you.

 

 

[igoyougoduke 1,656]

3 minutes ago, Vin&Rachel said:

I was offered a skilled-work permit (I work in the games industry) in Canada, once the pandemic kicked in just as we were supposed leave in the start of 2020, we ended up staying because of the risks around lock downs. Seems like a trivial subject now but we werent thinking about visa stuff at the time. Because we were in canada, i reapplied for my work permit hoping the lock downs would end. But they didn't. 

strong case that you abandoned your green card when you took up work in canada.

[Boiler 45,486]

So you packed up everything in the US and left?

 

Have you been filing US taxes?

[Crazy Cat 41,845]

37 minutes ago, Dashinka said:

You can look at filing the I751 late with an explanation and I don't think Covid19 will be a good reason considering there was never any issues with USCs or US LPRs returning to the US.

2 years late...... I have doubts about how USCIS will see this.  That ship might have already sailed...... will be interesting to see what happens.  Being in Canada is no excuse for failure to comply with the requirement to apply for ROC. 

 

36 minutes ago, Vin&Rachel said:

we ended up staying because of the risks around lock downs.

That is pretty weak......you could have returned to the US...... or you could have started asking questions 2 years ago. 

Edited February 7, 2022 by Crazy Cat

[Vin&Rachel 7]

It was a mistake to ask questions here. 

Thanks for the ridicule. Appreciated. 

[Dashinka 24,493]

Here is the link where you can check your current status.  I don't really think there is a lot of ridicule, but to each their own.  As @arken and I mentioned, send in the I751 with an explanation at to the late filing, it may be accepted, and it may not be. If it is not, your USC spouse will need to file a new I130.

 

Good Luck!

 

https://acis.eoir.justice.gov/en/

[Crazy Cat 41,845]

21 minutes ago, Vin&Rachel said:

It was a mistake to ask questions here. 

Thanks for the ridicule. Appreciated. 

 Seriously???? By law, you should have filed for removal of conditions BEFORE your conditional green card expired.  You failed to do so.  USCIS says failure to file an I-751 package automatically abandons residency.  You might get lucky by filing with a letter.....but you might have to start the entire process again.  We are not USCIS, but we have opinions based on our experiences and what we have seen.  No one has ridiculed you.  I wish you had asked these questions 2 years ago.  Good luck.

 

 

Edited February 7, 2022 by Crazy Cat

[SalishSea 17,828]

1 hour ago, Vin&Rachel said:

It was a mistake to ask questions here. 

Thanks for the ridicule. Appreciated. 

You are not being ridiculed.   Senior VJ members, who are very familiar with US immigration are trying to tell you that you have abandoned your green card.   
 

You asked for help, you got it.  If the answers are not in line with what you expected, that’s on you.    Good luck.

[belinda63 3,038]

You moved to Canada and have been living and working there for more than 2 years. Your green card expire 2 years ago.

 

Did you maintain a residence in the US? Have you been filing US tax returns. What proof do you have that you intended to return to the US in less than one year but were prevented from doing so  due to circumstances beyond your control?

 

At this point all you can do is file the I-751 and hope it is approved.