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ZahidAntara

Parents green card expired

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Filed: Citizen (apr) Country: Canada
Timeline

If they don't intend to be living in the USA its kind of silly to renew/apply for a new green card, its not a visitor pass to the USA. The green card is for LIVING in the USA.

The green card status becomes abandoned after not living in the USA for a year. I'm pretty sure their GC status was canceled before the card expired.

If they want to visit they should apply for a visitor visa.

If they want to live in the USA they will have to be sponsored and start all over again with the paperwork and fees and wait till approvals etc.


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Filed: IR-1/CR-1 Visa Country: China
Timeline

My parents green card expired on January 2010. They had been living overseas in Bangladesh for last 5 years and they have not come to USA for 5 years. Now if they want to renew the green card and come to USA what do they have to do. Any advice will be appreciated

They can't renew it, alas:

1. they abandoned their GC status a year after 'returning' to Bangladesh

2. they not apply prior to expiration date.

IMO, 1 is most difficult, unable to overcome.

HOWEVER. They can find a new petitioner, have the new petitioner file two new I-130's.


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Filed: Timeline

Google "maintaining legal permanent residency."

A person does not automatically lose his/her legal permanent residency when the green card expires. However, a person who spends five years living outside of the US may be determined to have abandoned his/her legal permanent residency and may be refused entry into the US.

A green card holder has a revocable privilege to live in the US permanently; it's not a right to live in the US because the US government can revoke that privilege.

Your parents are facing a huge problem. Consult with a good immigration lawyer.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=3f443a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=3f443a4107083210VgnVCM100000082ca60aRCRD

http://www.hooyou.com/i-485/MaintainlegalPRS.html

Edited by Jojo92122

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Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline

My parents green card expired on January 2010. They had been living overseas in Bangladesh for last 5 years and they have not come to USA for 5 years. Now if they want to renew the green card and come to USA what do they have to do. Any advice will be appreciated

They have no LPR status anymore. You can petition for them again. Pay all the fees, They go to the embassy to interview. But if they have no intention of living in the US, maybe they should simply apply for tourist visa when they would like to visit.


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