QUESTION
How do I obtain a replacement for lost green card?
Asked on May 30th, 2016 on Immigration - Florida
More details to this question:
Canadian (70 yr old) who worked in US for 30 yr with a green card. Married in US with 2 children. Divorced, moved back to CDN in 95. Would like to move self and 2nd wife to Fort Myers on full-time basis. Both of us file 1040nr each year, receive Soc Sec and medicare. We own a condo in Fort Myers and use it 6 months a year. How can I replace lost green card? How does Judy get to move here with me?
2 ANSWERS
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
If you moved back to Canada in 1995 with no visits or sporadic visits to the U. S. since then, you would have lost your green card long ago. You would probably have to start the process all over again of immigrating to the States. If your children are U. S. citizens and over the age of 21, they could conceivably petition for your immigration. If they were 18 years or older at the time that you married with your 2nd wife, however, they would not be able to petition for her. In that situation, you would have to immigrate first and sponsor your wife under the F-2A category for spouses of lawful permanent residents. The backlog before she could enter the States with permanent residence is approximately 2-3 years. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
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Answered on Jun 28th, 2016 at 1:54 PM
You would need to file Form I-90 with USCIS in order to replace a lost green card. This Form is used only if you lost the physical card not have been found to have abdandoned your residence. If you have been found to have abdandoned your residence, you would need to start the immigration process over.
Assuming you continue to be a lawful permanent resident, you would need to file an immigrant visa petition on behalf of your spouse if you would like her to obtain lawful permanent resident. You can read more about family immigration at http://myattorneyusa.com/family-immigration.
Answered on Jun 16th, 2016 at 12:44 PM