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  • My wife overstay her green card

    Hello fellows

    my wife stays outside the US more than 1 year now, my question is her green card is canceled? and do I have to apply again for a green card?
    thank you
    Shan

  • #2
    Originally posted by shanusa View Post
    Hello fellows

    my wife stays outside the US more than 1 year now, my question is her green card is canceled? and do I have to apply again for a green card?
    thank you
    Shan
    Her green card is not "cancelled", but technically a green card is not a valid document for re-entry after an absence of more than 1 year. Unless she has another one of the valid documents for a returning resident, like a valid Re-entry Permit, she has no valid documents for re-entry.

    However, if her green card is unexpired, she can use it to travel to the US to try to enter anyway. The immigration officer at entry has discretion to let her in anyway, potentially with a "warning", even if she doesn't meet the documentary requirement, if they feels she has not abandoned residency. If she has been out not too much longer than 1 year, and this is her first time, and she brings evidence of her continuing ties to the US during this time, there is a good chance they will let her in.

    If they don't want to let her in, they can ask her to voluntarily sign to give up her green card, and if she doesn't, they can put her in removal proceedings, where an immigration judge will decide whether she has abandoned residency or not.

    Or, you can petition her to immigrate again from scratch.

    This is my personal opinion and is not to be construed as legal advice.

    Comment


    • #3
      Thank you for this post. This is very interesting information for me.

      Comment


      • #4
        thank you so much you have lay down all the critical information
        i really appreciate it
        thank you


        Originally posted by newacct View Post

        Her green card is not "cancelled", but technically a green card is not a valid document for re-entry after an absence of more than 1 year. Unless she has another one of the valid documents for a returning resident, like a valid Re-entry Permit, she has no valid documents for re-entry.

        However, if her green card is unexpired, she can use it to travel to the US to try to enter anyway. The immigration officer at entry has discretion to let her in anyway, potentially with a "warning", even if she doesn't meet the documentary requirement, if they feels she has not abandoned residency. If she has been out not too much longer than 1 year, and this is her first time, and she brings evidence of her continuing ties to the US during this time, there is a good chance they will let her in.

        If they don't want to let her in, they can ask her to voluntarily sign to give up her green card, and if she doesn't, they can put her in removal proceedings, where an immigration judge will decide whether she has abandoned residency or not.

        Or, you can petition her to immigrate again from scratch.

        Comment

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