QUESTION
Can I enter the country after one year of my green card being expired?
Asked on Jun 01st, 2012 on Immigration - California
More details to this question:
Hi.My husband physically forced me to leave the country and now I need to get back to USA because of divorce process.I have Green Card CR6.Can I enter the country even one year expired since I left USA?
8 ANSWERS
Business Law Attorney serving Atlanta, GA
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Elkhalil Law, P.C.
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If your Conditional green Card is valid, you can enter the U.S. However, you may have to answer question at the airport as to why you stayed outside of the U.S. for more than one year.
Answered on Jun 21st, 2012 at 6:04 PM
Criminal Law Attorney serving Las Vegas, NV
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Reza Athari & Associates, PLLC
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If you stayed outside US for more than a year, there is a presumption that you abandoned your status. I would go to the consulate and apply for a visa.
Answered on Jun 18th, 2012 at 7:32 PM
No, you cannot reenter with an expired green card. If it was a conditional green card, you would have needed to timely file a petition to remove the conditional status. If you have not done that, your status has been terminated. You may want to schedule an appointment with the Embassy where you are currently residing to explain your situation and see if there are any means for you to reenter the US.
Answered on Jun 15th, 2012 at 2:29 PM
Immigration Law Attorney serving Long Beach, CA
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Law Offices of Brian D. Lerner
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*Application to Apply for Non abandonment of Residency* When a Lawful Permanent Resident has been outside the U.S. for more than one year, they can no longer reenter on their Lawful Permanent Resident Card. In this case, it would be necessary for the application for Non abandonment of Residency to be filed. We would have to prepare a legal brief along with declarations, affidavits, medical reports, and all other supporting evidence to show why the resident did not return to the U.S. within the allotted year. The more supporting documents we have showing the critical reasons the resident did not return to the U.S., the better chances of success. Once the application is prepared and filed, it usually takes between one and three months to get a decision.
Answered on Jun 13th, 2012 at 9:07 AM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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If you attempt to reenter the US on your expired green card, you should be prepared to tell your story to the immigration officer at the port of entry. The officer has the authority to allow you back into the country. It may also be necessary for you to submit an application on form I-191.
Answered on Jun 12th, 2012 at 9:26 PM
Immigration and Naturalization Attorney serving San Diego, CA
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Feldman Feldman & Associates, PC
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You will need a Returning Resident letter from the consulate - these are tough to get and the burden of proof is on you. If your spouse abused you though you may be able to self-petition if your green card is determined to be abandoned. I suggest legal counsel to work through these issues.
Answered on Jun 12th, 2012 at 9:12 PM
This gets complicated, since abandonment of status takes place after one year outside the U. S. without a re-entry permit and additional proof. However, there is an option that may protect your rights and allow you to preserve status. For more information, I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney like our firm. Good luck.
Answered on Jun 12th, 2012 at 8:00 PM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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If your card has not expired, you can try to enter the US. If questioned by CBP, you should be prepared to present your story why you did not return to the US sooner. If your card has already expired and you left the US for more than one year, it is complicated and you should hire an immigration lawyer to assist you.
Answered on Jun 12th, 2012 at 4:34 PM