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  • green card taken

    on coming back from seeing my family in england, my greencard was taken from me saying that i had been out of the states to long and it was out of date ! i was a bit shaken but as daughter very ill here , was just glad to get home . does this mean that i need to apply for a new one and if so dont i need the old one ? should i not have been sent back if they really thought i should not be living here , confused.

  • #2
    on coming back from seeing my family in england, my greencard was taken from me saying that i had been out of the states to long and it was out of date ! i was a bit shaken but as daughter very ill here , was just glad to get home . does this mean that i need to apply for a new one and if so dont i need the old one ? should i not have been sent back if they really thought i should not be living here , confused.

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    • #3
      That is odd. How long were you out of the country and was it really expired?

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      • #4
        I WAS OUT OF THE COUNTRY FOR 8 MONTHS ,AND I NOW KNOW THAT G/C IS FOR 10 YEARS SO MINE WOULD HAVE BEEN 6 YEARS OUT OF DATE BUT I WAS STILL WORKING AND LIVING HERE ?

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        • #5
          Did you think it was good forever?
          Why did you not get citizenship?

          I really don't know what to tell you. It's odd that they let you in.

          I would ask a lawyer!

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          • #6
            thank you for your reply . yes i realy did think it was forever , as in the embassy in london i swore on your flag and the bible, that i would do no wrong in the states , so just belived it was for life never even looked at the card??
            there silly me but i have been told that it should never have been taken??but will fight it , just wanted to see if anyone had any ideas as i think this site is great , has help me a lot .thanks

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            • #7
              You don't swear on the Bible when you get your green card usually. Well in any case, I didn't. I got the lovely thing in the mail.

              Talk to a lawyer..I think you're going to need one!

              Sorry I couldn't help you anymore.

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              • #8
                It seems that the INS officer believed that you abandoned your lawful permanent resident status. They only way that the INS can take your status from you legally is through Immigration Court proceedings. There is a presumption in the law (thanks to the '96 Act) that a permanent resident alien who has been absent from the US for 180 days is seeking admission to the US. So, you need to overcome this presumption of abandonment after having been out for more than 6 months. Marie is right, you'll probably need help from an experienced immigration attorney to preserve your status. I hope the INS officer gave you paperwork when they took your card from you. Good luck! - rrv


                Rolando Rex Velasquez
                SEROTTE, REICH & SEIPP, LLP
                e/m: rvelasquez@srs-law.com
                716-854-7525.

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