Expired GC

[Dorathaexploruh 1]

Hello fellow VJ members! I was here 15 years ago starting my journey and currently in Oregon. My GC expired 2022, and understand the rule of 6 months prior to expiration, to renew. I have had a legal pickle which disabled me from doing so. I need to visit family in London for a few months. My question is will my expired GC be forgiven upon gaining entry into the US? I have spoke with my attorney but he didn’t mention about this part. I have had conflicting information so I would appreciate any advice that could be given. Thank you for reading!

[ineedadisplayname 496]

Most likely the airline won't let you board the plane back to the US with an expired GC so you won't be gaining any entry.

 

Did you have a 10 y.o green card that expired or a 2 yo one? if you had the 10 yo then you file I-90 right now and wait until you get the extension letter and then travel.

https://www.uscis.gov/i-90

[Dorathaexploruh 1]

Thank you for responding! Yes a 10 year GC. Ok I file an I-90? I may be denied since I have a misdemeanor and cannot vacate my record until Oct 2025. I’m pretty much shot gaining entry right? 

Edited April 5 by Dorathaexploruh

[OldUser 6,633]

2 hours ago, Dorathaexploruh said:

Thank you for responding! Yes a 10 year GC. Ok I file an I-90? I may be denied since I have a misdemeanor and cannot vacate my record until Oct 2025. I’m pretty much shot gaining entry right? 

For immigration you have to disclose it even if your record is sealed, expunged etc etc. You'll always have to tell about it.

Edited April 5 by OldUser

[Dorathaexploruh 1]

4 minutes ago, OldUser said:

For immigration you have to disclose it even if your record is sealed, expunged etc etc. You'll always have to tell about it.

I know this part thank you.

10 hours ago, ineedadisplayname said:

Most likely the airline won't let you board the plane back to the US with an expired GC so you won't be gaining any entry.

 

Did you have a 10 y.o green card that expired or a 2 yo one? if you had the 10 yo then you file I-90 right now and wait until you get the extension letter and then travel.

https://www.uscis.gov/i-90

 

[ineedadisplayname 496]

I don't think this is a do it yourself case anymore unless on this site somebody is actually well versed in both and can advice you what to do.

Probably you will need a criminal and immigration lawyer or one that knows both very well.

 

[Dorathaexploruh 1]

I’ve been there with immigration/criminal attorneys. I have to wait to vacate record in Oct 2025. I just wondered if it was possible to regain entry back to the USA, on perhaps a visa to stay temporarily.  I guess I will find out when it comes to. Thank you all for your responses.

[OldUser 6,633]

37 minutes ago, Dorathaexploruh said:

I’ve been there with immigration/criminal attorneys. I have to wait to vacate record in Oct 2025. I just wondered if it was possible to regain entry back to the USA, on perhaps a visa to stay temporarily.  I guess I will find out when it comes to. Thank you all for your responses.

Your first problem is expired GC and the fact airlines won't board you.

 

All the legal stuff is secondary, and I don't understand why you keep waiting for October 2025. It's unrelated to GC expiration and you'll have to disclose this record anyways. You'll likely get denied I-90 now, you will more likely get denied I-90 several years after its expiration, as conclusion will be you lost LPR status due to being too long outside of the US.

Edited April 7 by OldUser

[Dorathaexploruh 1]

No, I don’t think I’ve explained myself correctly or my post was misread. It is all related. If I did renew my GC back in 2022, I would be denied and probably deported anyways due to the nature of the charge. Secondly there is an RCW in WA saying I cannot vacate my charge until 2025. So, you see, renewing GC is not an option at this point. I will post back here with the outcome, to further educate what happens in these circumstances. 

[Lemonslice 4,835]

45 minutes ago, Dorathaexploruh said:

No, I don’t think I’ve explained myself correctly or my post was misread. It is all related. If I did renew my GC back in 2022, I would be denied and probably deported anyways due to the nature of the charge. Secondly there is an RCW in WA saying I cannot vacate my charge until 2025. So, you see, renewing GC is not an option at this point. I will post back here with the outcome, to further educate what happens in these circumstances. 

Since you had lawyers recommending you to wait before renewing, I suggest you ask them if there is a way for you to travel now, or if you just stay put until then.