QUESTION
What happens if someone stays outside of the US after their alien card expires?
Asked on Jan 16th, 2011 on Immigration - Florida
More details to this question:
What happens if he stayed outside the USA for more than 365 days and his alien card expires?
4 ANSWERS
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
Depends on the facts of the case and why he stayed away more than a year, did he continue to pay U.S. taxes and maintain other contacts with the U.S. There is an option for a Returning Resident Permit in some cases. Or he may need to re-file for permanent residency.
Answered on Jan 24th, 2011 at 1:13 PM
Most likely the alien card is considered revoked already. Immigration law says that if you have a green card and live outside of the US for more than one year, your green card is presumptively abandoned. Green card holders are required to reside permanently in the United States, and if you do not live in the US then you may have effectively abandoned your green card.
The person must explore other options to get the green card back, for example, if s/he is married to a US citizen or have US citizen children above the age of 21, a new petition can be submitted to get the green card back.
Answered on Jan 17th, 2011 at 11:13 AM
Immigration Law Attorney serving Costa Mesa, CA
Partner at
Law Offices of Louis M. Piscopo, APLC
2 Awards
Generally, if an LPR remains outside the U.S. for more than 1 years they are considered to have abandoned their LPR status unless they obtained a Re-entry Permit before leaving or they can prove that unforeseen events prevented them from returning. If their Green Card is expired, then they will have to obtain a SB-1 visa from the U.S. Consulate in their home country. However, if the consulate believes that they abandoned their Green Card, they will not issue the visa.
This is the type of matter that you should schedule an consultation with an immigrant attorney to discuss since the issue of abandonment involves many factors.
Answered on Jan 17th, 2011 at 9:13 AM
This person is going to have to obtain a permit to enter the United States, and show that he did not intend to abandon his residence.
Answered on Jan 17th, 2011 at 8:28 AM