Need help, lost card, out of country for more than 6 months

[JC & Mei 1]

My wife has a 2 year green card permenant resident status. So she can only be out of the country for 6 months. She left July 9th 2013. Now she was ready to come back but as she get everything ready she can not find her card. So she did not buy a ticket. Now it will be after 6 months. So how can we get her to come back? Do we do another petition? or can we ask for a new card , then she can come.

PLease any advice is helpful.

JC

[Dohan 133]

First she should contact the local US Embassy or consulate and explain what happened. They will give exact instructions.

She can also apply for a Transportation Letter from the local US embassy or consulate.

A Transportation Letter can get her to board the plane to fly back to the U.S. However, it does not guarantee that she will be admitted by U.S. customs. She will be inspected as an LPR. If she is going to be denied entry to the U.S., it will be based on other reasons, for example, if the officer thinks she were intending to live in another country other than the U.S.A.

What is the reason she was away for so long? An absence for 12 months for a valid reason might be excusable, for example caring for an ill parent, etc.

She should contact the local US embassy or consulate ASAP. I'm sorry to worry you but they might see this as abandoning the greencard unless there is a valid reason for such a lengthy absence.

[Penguin_ie 5,985]

***** Moving from NVC to Travelling During US immigration forum ******

Did you get the year right? if she left in summer of 2013, she has abandoned her greencard by now and you need to re-petition.

[Darnell 8,478]

My wife has a 2 year green card permenant resident status. So she can only be out of the country for 6 months. She left July 9th 2013. Now she was ready to come back but as she get everything ready she can not find her card. So she did not buy a ticket. Now it will be after 6 months. So how can we get her to come back? Do we do another petition? or can we ask for a new card , then she can come.

PLease any advice is helpful.

JC

She can order a replacement card via USCIS , it'll get mailed to her USA address, then yer responsible for getting it to her.

2013 bothers me - could you update yer timeline over at

http://www.visajourney.com/timeline/profile.php?id=113279

nowish? Helps others when trying to give accurate advice.

[JC & Mei 1]

First she should contact the local US Embassy or consulate and explain what happened. They will give exact instructions.

She can also apply for a Transportation Letter from the local US embassy or consulate.

A Transportation Letter can get her to board the plane to fly back to the U.S. However, it does not guarantee that she will be admitted by U.S. customs. She will be inspected as an LPR. If she is going to be denied entry to the U.S., it will be based on other reasons, for example, if the officer thinks she were intending to live in another country other than the U.S.A.

What is the reason she was away for so long? An absence for 12 months for a valid reason might be excusable, for example caring for an ill parent, etc.

She should contact the local US embassy or consulate ASAP. I'm sorry to worry you but they might see this as abandoning the greencard unless there is a valid reason for such a lengthy absence.

I called a local Chinese embassy in Guangzhou China. I explained the situation and they said that she could be out of the country for no more than one year. I also called the USCIS service center. They had said that she needed to be gone no longer than 11 months to avoid any problems. she has been gone only 6 months exactly today. what worries me is I have seen some post on the Internet. that six month deadline is somewhat of a guideline for Border agents. I'm just concerned that she might be held back. but all the information I get from USCIS and the Chinese embassy says it's no problem. the reason that she left as follows. in May of 2014 her father passed away. this was very difficult for her and her family . she decided to go back in July 9th of 2014. to help take care of her mother. because obviously it was a very difficult time for her and her family in China. the US Embassy in China said all she needs her green card and she can come back no problem. I just worry because I've seen other things that say you need to be back within 6 months. this is only her second trip to China as she has been here in America. the first trip was in 2013 in the summer. she went back for maybe 2 months during the summer. then came back. thank you for any suggestions. jc

[JC & Mei 1]

My wife has a 2 year green card permenant resident status. So she can only be out of the country for 6 months. She left July 9th 2013. Now she was ready to come back but as she get everything ready she can not find her card. So she did not buy a ticket. Now it will be after 6 months. So how can we get her to come back? Do we do another petition? or can we ask for a new card , then she can come.

PLease any advice is helpful.

JC

Sorry I got the date wrong... She has been gone since July 9th 2014....She has been gone only 6 months exactly today. She did go back in the summer of 2013 but only for 2 months...

[Dohan 133]

Oh July 2014 is better than July 2013. Ok 6 months is fine yes. Stop worrying and start doing, apply for the replacement card. Her reason for being away is totally valid, taking care of her mother. Just please apply for the card ASAP, keep in mind you;re applying for a replacement not doing the whole procedure all over.

Make sure to also be able to provide proof that she did not abandon her home here, that there is an active bank account, possibly some bills coming in her name, anything that shows she has something to come back to, obviously you are a big part so maybe something showing you guys keep in contact all the time and that she has discussed coming back and the loss of the card.

[JC & Mei 1]

***** Moving from NVC to Travelling During US immigration forum ******

Did you get the year right? if she left in summer of 2013, she has abandoned her greencard by now and you need to re-petition.

I got the year wrong. It was 2014 July 9th. Exactly 6 months ago.

[Darnell 8,478]

the US Consulate in Guangzhou can issue her a travel document - unsure what's it called but it'll be faster than chasing a replacement greencard with USCIS in the USA. Just saying...

[milimelo 4,196]

I thought the process was to apply for I-90 (online) and with that receipt they'll issue a transport letter at the embassy, no?

[JC & Mei 1]

Oh July 2014 is better than July 2013. Ok 6 months is fine yes. Stop worrying and start doing, apply for the replacement card. Her reason for being away is totally valid, taking care of her mother. Just please apply for the card ASAP, keep in mind you;re applying for a replacement not doing the whole procedure all over.

Make sure to also be able to provide proof that she did not abandon her home here, that there is an active bank account, possibly some bills coming in her name, anything that shows she has something to come back to, obviously you are a big part so maybe something showing you guys keep in contact all the time and that she has discussed coming back and the loss of the card.

Thank you,

I was only worried about the over 6 month thing. I think I saw some older post that were not correct. I just wanted to make sure before we buy the ticket.

[JC & Mei 1]

the US Consulate in Guangzhou can issue her a travel document - unsure what's it called but it'll be faster than chasing a replacement greencard with USCIS in the USA. Just saying...

she found her card. So now I think she can come back. Everyone says staying over 6 months is ok.. So we can get the ticket now.

thank you

[Darnell 8,478]

that's so cool ! can tell us, where was the card?

[Dave&Roza 748]

she found her card. So now I think she can come back. Everyone says staying over 6 months is ok.. So we can get the ticket now.

thank you

What you have been reading about this whole 6 month "rule" is that if a LPR is outside the US for a period of 6 months to 1 year, they MAY have issues when returning to the US. If the CBP officer thinks the LPR has abandonded their LPR status they will detain the LPR and have them appear before an immigration Judge (IJ). The IJ will make the determination and the LPR will either be allowed to enter the US or their LPR status revoked and the GC taken from them. Stays of less than 6 months do not get looked at unless the LPR has made several trips of less than months in the past year. Any trip outside the US of more than 1 year but less than 2 years requires a re-entry permit and any tip outside the US for more than 2 years and the LPR has lost their GC--under normal circumstances.

The only thing your wife should worry about is that she will have to prove that she did not break her continoous residency requirement for becoming a US citizen as she was outside the US for a period of more than 6 months.

Good luck,

Dave

[Lainie B 465]

she found her card. So now I think she can come back. Everyone says staying over 6 months is ok.. So we can get the ticket now.

thank you

What is the expiry date on the card? From what I can tell it should be very closed to being expired.