How can I activate my green card again? Urgent!

[ginnyemma 0]

Hi,

I´m 17 years old and I´m peruvian .My family and I have a green card but this one expires in december 2010. My problem is that we haven´t traveled to USA since july 2003,so it has been 7 years since we don´t go there.We used to travel to USA every 3 months and then came back to Perú.The reason why we didn´t come back to USA was because in our last trip, when we were arriving to Los Angeles airport , in the migration office , a police stoped us and told us that if we returned to USA was to stay and live there and not return to Peru until we have citizenship. We did live in USA because I had a disease that needed to be treated in Peru. Now that I´m healed ,we want to return there to live and become citizens. When we went to the USA embassy in Perú , the person who attended us told us that our green cards had been deactivated and the only thing we could do was to return the green cards to the embassy and ask for tourist visa.But as far as I know, when someone has a good reason why he or she didn´t went to live in USA, can justify his case right?

Or could we just travel and see what happens when we arrive? Is it true that if we arrive to USA, we can go on a trial to get a permision to entry the USA again? Is there any legal way we can activate our green cards again?

[dolphin1 5]

I think what you were told by the person in the embassy is what has to be done. If the green card holders plan to be outside the U.S for more than 6 months, they have to apply for a re-entry permit. In your case, you didnt apply for the permit before leaving the country and you stayed outside more than 6 months.

[sasaqlain 24]

I think you and your family needs to consult an Attorney ASAP. You can have justification for your stay outside the US, but you must understand that its not your right and a privilege that is extended to you. If they deny your request, you have no options.

Good Luck.

[aleful 1,905]

Hi,

I´m 17 years old and I´m peruvian .My family and I have a green card but this one expires in december 2010. My problem is that we haven´t traveled to USA since july 2003,so it has been 7 years since we don´t go there.We used to travel to USA every 3 months and then came back to Perú.The reason why we didn´t come back to USA was because in our last trip, when we were arriving to Los Angeles airport , in the migration office , a police stoped us and told us that if we returned to USA was to stay and live there and not return to Peru until we have citizenship. We did live in USA because I had a disease that needed to be treated in Peru. Now that I´m healed ,we want to return there to live and become citizens. When we went to the USA embassy in Perú , the person who attended us told us that our green cards had been deactivated and the only thing we could do was to return the green cards to the embassy and ask for tourist visa.But as far as I know, when someone has a good reason why he or she didn´t went to live in USA, can justify his case right?

Or could we just travel and see what happens when we arrive? Is it true that if we arrive to USA, we can go on a trial to get a permision to entry the USA again? Is there any legal way we can activate our green cards again?

you probably all lost your residency, that's what they told you at the embassy. you should have filed a reentry permit if you needed to be out of the US for more than a year. you can stay out of the US for 2 years, and maybe refile for another 2 years. I'm not sure about the refile after 7 years of not being here, you cannot justify not coming back. if it would have only been maybe a year or two, you could have justified it and they would have decided to allow you back or not. probably it's too late now.

Edited October 8, 2010 by aleful

[Brother Hesekiel 2,235]

None of you is a lawful permanent resident / Green Card holder anymore. Just like expired passports, your Green Cards are like souvenirs; you can look at them, but if you try to actually use them, they'll be taken away from you.

You cannot travel to the US with them anymore. If you arrive at the airport, they will put you in a detention center (jail) or right back on the next plane home. They can do that, because you abandoned your residency a long time ago. WHY you did this doesn't matter. You liked a girl, your grandmother got sick, your brother became king . . . none of this matters. You lost it.

You will start over from scratch. I do not know how you got your Green Card(s) the first time, but if the same reason still exists, you can and should apply for a "Returning Resident Visa" (SB-1). Do NOT get a tourist visa (B2), as that would NOT allow you to adjust status from within the US! The SB-1 does allow it. So you travel to the US with the SB-1 visa, will be admitted and then file for Adjustment of Status (AOS) again. The cost now is $1,010.00

Edited October 8, 2010 by Just Bob

[w8inglongtime 29]

Hi,

I´m 17 years old and I´m peruvian .My family and I have a green card but this one expires in december 2010. My problem is that we haven´t traveled to USA since july 2003,so it has been 7 years since we don´t go there.We used to travel to USA every 3 months and then came back to Perú.The reason why we didn´t come back to USA was because in our last trip, when we were arriving to Los Angeles airport , in the migration office , a police stoped us and told us that if we returned to USA was to stay and live there and not return to Peru until we have citizenship. We did live in USA because I had a disease that needed to be treated in Peru. Now that I´m healed ,we want to return there to live and become citizens. When we went to the USA embassy in Perú , the person who attended us told us that our green cards had been deactivated and the only thing we could do was to return the green cards to the embassy and ask for tourist visa.But as far as I know, when someone has a good reason why he or she didn´t went to live in USA, can justify his case right?

Or could we just travel and see what happens when we arrive? Is it true that if we arrive to USA, we can go on a trial to get a permision to entry the USA again? Is there any legal way we can activate our green cards again?

These green cards come with regulations to make sure the privileges accorded to the owners are not misused. Example, get green card and live in another country for 7 years instead of the U.S. Unfortunately your cards are no longer valid and you shouldn't waste money buying tickets to come back untill you file for returning residents visas. If you just show up at the airport with these invalid green cards, you will be sent right back to peru. Consult an attorney and get things started asap if you want to come back "home". Eventhough the expiration date on the card hasn't passed yet, Your green card at this time is like a maxed out credit card. It looks pretty in your wallet but very useless.

[VanessaTony 3,567]

I think what you were told by the person in the embassy is what has to be done. If the green card holders plan to be outside the U.S for more than 6 months, they have to apply for a re-entry permit. In your case, you didnt apply for the permit before leaving the country and you stayed outside more than 6 months.

No. When they want to stay out longer than 12 months they need a re-entry permit. 6 months is the time at which CBP can determine whether you've abandoned your status.

[VanessaTony 3,567]

SB-1 is your only hope sorry.

** moved from "ROC" to "Effect of Major Family changes" as it is a more appropriate location **

[JimVaPhuong 4,863]

I wish I could offer some helpful advice, but I'm afraid the chances of having an SB-1 approved are not good. There are several requirements, many of which you can probably meet. There are two factors working against you. First, you knew when you departed the US that the US government would probably presume you were abandoning your residency because you had been explicitly warned about this by a CBP officer. In spite of this, you left the US anyway, and you didn't apply for a reentry permit, and have remained outside the US for 7 years. Another problem is the requirement that you must submit proof that you have established ties to the United States and intended to return to when you left. In other words, you should have maintained a residence in the US and paid taxes, etc.

Unlike a US citizen, a green card holder is required to actually reside in the United States. They can leave for temporary visits abroad, but they must maintain their primary residence in the US. If they don't do this then they are not residents - they are visitors. From your description, it sounds like you were actually residing in Peru, and returning occasionally to the US in order to maintain your green card status. The CBP officer saw what you were doing, and warned you not to leave the US again or your residency would be considered abandoned. Although you had a good reason for leaving, and a good reason for staying outside the US for the length of time you did, the CBP officer also had a good reason for presuming you weren't actually living in the United States. It is going to be difficult for you to make the case that your extended absence from the US was unexpected at the time you left, and that you had established ties in the US that you maintained or attempted to maintain while you were gone.

Under what basis did you immigrate initially? Employment? Family?

[mimhnhut 0]

But as far as I know, when someone has a good reason why he or she didn´t went to live in USA, can justify his case right?

Or could we just travel and see what happens when we arrive? Is it true that if we arrive to USA, we can go on a trial to get a permision to entry the USA again? Is there any legal way we can activate our green cards again?

The answer is noway! You did abandon your residence in the US seven years ago.

[Boiler 43,425]

I have learnt enough on Immigration to know that absolutes are few and far between.

Only an Immigration Judge can take away your PR status. The chances are that if you sought entry you would be paroled in and scheduled before an IJ. You might be detained, that would be unusual.

You would need a good Immigration Lawyer who is familiar with abandonment issues, they are few and far between.

It obviously will not be cheap.

Some of the factors which would help your case are:

Showing that you maintained your ties to the US, maintained bank accounts, property, filed taxes etc.

You mentioned a medical issue, no idea what would take 7 years to be treated in Peru and can not be treated in the US, but you would need strong evidence to support that.

[Brother Hesekiel 2,235]

I have learnt enough on Immigration to know that absolutes are few and far between.

Only an Immigration Judge can take away your PR status.

. . . if you reside in the US.

If you abandoned your status by moving to another country for 7 years, there's nothing for an immigration judge to take away anymore. You can't execute a person who already committed suicide.

Somebody who abandoned his resident status will not be allowed into the US anymore, and US immigration judges do not work in India.

You never stop learning, Boiler.

[Boiler 43,425]

He has a Green Card, he can seek entry.

The officers at the POE do not have the authority to take it away.

The worst they can do is detain him pending an appearance in front of an IJ.

They may well suggest that he relinquishes it and flies home rather than detention. They may offer him a B entry, I have seen people eligible for VWP to be allowed to enter on that basis.

He relinquishes it (he may effective have done that) or an IJ takes it.

[Kathryn41 3,205]

Actually, apparently the border personnel do have the authority to confiscate a green card if the circumstances warrant it. I have a friend who received his green card many years ago while working in the US. He returned to Canada and on a visit to the US a few years later was told he was not allowed to use the green card as he was no longer a permanent resident and they confiscated it. There have been other cases told here on VJ about individuals who spent significant time out of the US, returning twice a year or so for a few days who were finally denied entry as they were no longer considered permanent residents and their green cards confiscated. There have been others who have been told to surrender their green cards voluntarily as well as they were no longer considered permanent residents. So, while I don't know the specifics, I do know that border guards can and do confiscate green cards in the possession of individuals who are no longer deemed to be permanent residents. I guess it will be important to find what is listed on the file of the individual that the guards consult when they present themselves at the border.

[Boiler 43,425]

For the sake of clarity I am referring to status.