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Expired green card

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I have a question and I am asking for a friend [ sounds funny but really I am ] If a green card expires can it be renewed?  This person got divorced and moved back to her home country. While there, the green card expired. Now she wants to return to the USA. Is it possible to renew an expired green card or does she have to go thru the visa process again to return. Does anyone know anything about this? Thanks in advance for your help.

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Depends on how long she was away from US, really. 


K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

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What has she done to maintain the US as her permanent residency?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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It depends on how long she has been away from the US and whether she has an advance parole or not. If she had been out of the US less than 1 year without advance parole or less tan 2 years with advance parole (or 2+ years with a special circumstance & advance parole), her LPR status would still be OK. Otherwise, her status has been revoked and she will have to apply for SB-1 visa (Returning Resident Visa) or permanent residency (via family or employment based) again.

www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence

travel.state.gov/content/travel/en/us-visas/immigrate/returning-resident.html

jp.usembassy.gov/visas/immigrant-visas/returning-resident-visa/apply-step1/

 

I-131A instruction says:
"If you have an expired 1) Permanent Resident Card (with a 10-year expiration date) or 2) Permanent Resident Card (with a two-year expiration date) and valid Form I-797, Notice of Action, indicating that status is extended, you may use these documents to return to the United States, and you do not need to file Form I-131A."

See: www.uscis.gov/archive/archive-news/form-i-131a-now-available

 

CBP will let her enter the US with her expired green card and renew her card after returning to the US. However, she will need to contact airlines to confirm they accept her expired green card for boarding. If not, she can try to go Canada or Mexico by visa waiver first and then travel across the Canadian-US or Mexican-US border with her expired GC. I'm not sure if it works or not.

Edited by tokoro10

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57 minutes ago, tokoro10 said:

It depends on how long she has been away from the US and whether she has an advance parole or not. If she had been out of the US less than 1 year without advance parole or less tan 2 years with advance parole (or 2+ years with a special circumstance & advance parole), her LPR status would still be OK. Otherwise, her status has been revoked and she will have to apply for SB-1 visa (Returning Resident Visa) or permanent residency (via family or employment based) again.

www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence

travel.state.gov/content/travel/en/us-visas/immigrate/returning-resident.html

jp.usembassy.gov/visas/immigrant-visas/returning-resident-visa/apply-step1/

 

I-131A instruction says:
"If you have an expired 1) Permanent Resident Card (with a 10-year expiration date) or 2) Permanent Resident Card (with a two-year expiration date) and valid Form I-797, Notice of Action, indicating that status is extended, you may use these documents to return to the United States, and you do not need to file Form I-131A."

See: www.uscis.gov/archive/archive-news/form-i-131a-now-available

 

CBP will let her enter the US with her expired green card and renew her card after returning to the US. However, she will need to contact airlines to confirm they accept her expired green card for boarding. If not, she can try to go Canada or Mexico by visa waiver first and then travel across the Canadian-US or Mexican-US border with her expired GC. I'm not sure if it works or not.

Fundamentally, yes. Just a few notes:

 

1) One would need a re-entry permit, not advance parole, for the <= 2 year abroad item. An LPR does not qualify for AP. Same form (I-131), but different reason and document.

2) Entry is not guaranteed except for USCs. One could be a road for just a few months with a still-valid green card, but have abandoned permanent residency (i.e. obtaining benefits abroad that require residency, seeking/obtaining permanent residency elsewhere, etc.). It's not likely, but is can happen. The point is that just having a valid green card or re-entry permit does not guarantee anything.

3) Over 1 year abroad does not guarantee that LPR status is abandoned, but does have a mandatory presumption of having abandoned it, which would need to be overcome via evidence of the ties they maintained to the US. CBP can 1) admit them as-is, 2) parole them and refer the case to an IJ, or 3) parole them w/ detainment and refer the case to an IJ.

 

In the OP's case, it'll really come down to how long they've been abroad, what exactly they did to move "back to her home country", and the ties they kept (or not) to the US. These would be the 3 prime factors that determine the available options.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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