QUESTION

What to do if your green card is taken away by your husband abroad and it expires?

Asked on Jul 21st, 2012 on Immigration - Texas
More details to this question:
My friend's husband has taken her abroad where he took away her green card and then it expired. What can she do to come back to the United States? She also went to the US Embassy overseas, but they said they cannot do anything about it now. He also re-married someone overseas and left her on her own. The husband is a US citizen.
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6 ANSWERS

It depends a bit on how long ago this was. If it expired already it probably took some time between the time he took it away and she went to the Embassy. Thus, she may have lost the status anyway by being out side the US for an extended period of time. She would need to be repetitioned by someone in the US in order for her to get the status again. Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
Answered on Sep 06th, 2012 at 12:26 PM

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Immigration and Naturalization Attorney serving San Diego, CA
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Applying for a returning resident visa at the consulate is best. How long ago did it expire? How long has she been overseas? Less than 6 months?
Answered on Aug 10th, 2012 at 3:47 PM

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She can apply to replace it, however if she has been out of the country for more than 6 months in a calendar year she will have to overcome e presumption that she has abandoned her Legal Permanent Residency status. She should contact an immigration lawyer to assist her with this issue.
Answered on Aug 10th, 2012 at 3:46 PM

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Rebecca T White
She may have some options, but more details would be needed as to how long she had her greencard and how long she was overseas. Please let me know if I can be of further assistance.
Answered on Aug 10th, 2012 at 3:46 PM

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Did her card expired after just 2 years or 10 years?
Answered on Aug 10th, 2012 at 3:45 PM

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Immigration Law Attorney serving Long Beach, CA at Law Offices of Brian D. Lerner
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Hello: *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 Aug 10th, 2012 at 3:45 PM

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