QUESTION

Can you still renew a green card that has been expired since 1995 without facing deportation?

Asked on Nov 07th, 2013 on Immigration - Washington
More details to this question:
My husband whom I married in China has an expired green. He received the card in 1992 and got expired in 1995. We've been separated for 13 years and just reconciled and remarried in Waterbury, Connecticut. Can he renew? Will he face deportation?
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6 ANSWERS

Adebola O. Asekun
You may not need to re-file another green card e.
Answered on Nov 13th, 2013 at 5:54 AM

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Business/ Commercial Attorney serving Bellevue, WA at Lana Kurilova Rich PLLC
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Did he live in the US this entire time? If he lived in China, he probably lost his permanent resident status because he abandoned it. But if he lived in the US this entire time, he can still renew his green card because he did not abandon his permanent resident status. He would likely have to show documents proving his continuous residence in the US, but other than that, an expired card does not mean that permanent residence also expired - provided that he actually resided in the US. If he moved to China, then he probably abandoned his US residence and cannot renew.
Answered on Nov 13th, 2013 at 3:14 AM

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As long as USCIS did not terminate your husband's residency status, he should be able to apply for a replacement card on form I-90.
Answered on Nov 13th, 2013 at 2:59 AM

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Immigration and Naturalization Attorney serving San Diego, CA
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I assume you are talking about a 2 year green card. You can late file an I-751 with a good reason for late filing or you can just re-file and get a new green card that way.
Answered on Nov 08th, 2013 at 11:48 AM

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Personal Injury Attorney serving Pasadena, CA at Law Offices of Pius Joseph
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You need to consult an immigration lawyer. If he has no criminal background he can apply for citizenship. He does need to renew the green card any more.
Answered on Nov 08th, 2013 at 11:33 AM

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Rebecca T White
It sounds as though he may have had a conditional green card, with a two year restriction. If that is the case, he needs to make sure he didn't miss any orders removing him or setting court dates. He'll need to look into this. There will be options, but the exact details will determine if it will be very simple or complicated for him.
Answered on Nov 08th, 2013 at 11:32 AM

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