QUESTION

Can one apply for residency or visa if they have an expired green card?

Asked on Nov 07th, 2011 on Immigration - California
More details to this question:
I had a green card which expired last March 2005. I am currently living in Dubai, UAW for almost 2 years. I left the US last 1997. My whole family are living in California and are American citizens. Is there a chance to apply for US residency or at least to visit my family there?
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4 ANSWERS

If you want to get permanent residence status, you will need to have a qualified family member petition for you once again. If you want to visit, you will need to apply for a visitor's visa at the US Embassy abroad.
Answered on Nov 30th, 2011 at 4:47 PM

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Immigration and Naturalization Attorney serving San Diego, CA
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Several options - 1) if you had a good reason to "abandon" your green card you may be able to get a Returning Resident letter from the consulate; 2) If you wish to return to the U.S. more permanently have a qualifying U.S. citizen relative or employer re-petition for you to get a new green card. 3) If just coming for a visit then apply for a visitor visa. You will likely be required to sign forms abandoning your PR card.
Answered on Nov 10th, 2011 at 4:27 PM

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U.S. Immigration and Nationality Law Attorney serving San Diego, CA
Partner at Kazmi & Sakata
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You have voluntarily given up your US Residency. Thus, if you want your green card again someone will have to file for you. Or, you can try and apply for a tourist visa.
Answered on Nov 08th, 2011 at 6:53 PM

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Immigration and Naturalization Attorney serving San Francisco, CA at The Law Office of Christine Troy
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If you had a ten year green card it will be much easier to renew. However, if you have been out of the US for that long, it is a very difficult thing to do. You need to show you had no intent to give up status even though you were out for more than a year. If your family are USC's, they can repetition for you. In the meantime you may be able to visit the US on a visitor visa.
Answered on Nov 08th, 2011 at 4:27 PM

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