Reapplying for Green Card

[TPEastman]

I am hoping someone can offer some advice on reapplying for a Green Card. I lived in the U.S. on a Permanent Green Card from Canada from 1988 - 1993. In '93 I moved back to Canada and go married and started a family, subsequently abandoning my Green Card. My husband has recently been transfer to the U.S. for work and I re-entered the country under his visa, a I-94. My question is, can I re-instate my Green Card or how do I reapply?
Sincerely,
TPEastman

[TPEastman]

I am hoping someone can offer some advice on reapplying for a Green Card. I lived in the U.S. on a Permanent Green Card from Canada from 1988 - 1993. In '93 I moved back to Canada and go married and started a family, subsequently abandoning my Green Card. My husband has recently been transfer to the U.S. for work and I re-entered the country under his visa, a I-94. My question is, can I re-instate my Green Card or how do I reapply?
Sincerely,
TPEastman

[ProudUSC]

Welcome to the forum, TP!

Is your husband a USC or LPR of the United States?

[Theone]

Your historical status is long dead, what visa did you enter under?

[Sprint_girl07]

Unfortunately when you went back home and stayed there, you abandoned your Green Card so it can't be reinstated.

The only way now to get a new Green card would be based on your circumstances now and depending what visa you came in on.

[TPEastman]

My husband is here on a work visa, so he is neither a USC or a LPR, I believe his visa expires in 2010. I came into the country on his visa, however, it may be easier for me to reapply for my own green card since my father is a USC. Advice??

[speed_025]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">it may be easier for me to reapply for my own green card since my father is a USC. Advice?? </div></BLOCKQUOTE>

The Department of Homeland Security (DHS) takes the position that if a green card holder stays outside the U.S. continuously for more than one year, it is considered as though that person has abandoned his immigrant status (being a green card holder). A green card could be abandoned even if a person is outside the U.S. for less than one year , when he lives and works abroad. The only way you can retain your GC if in those past years ...

1)File U.S. tax returns.
2)Maintain a U.S. address (either actual or in care of a relative in the U.S. Merely having a P.O. Box does not show you have a residence in the U.S.)
3)Make sure you enter the U.S. at least once a year, although the more often you enter and stay in the U.S., the better it is for you.
4)Maintain a valid U.S. driver's license.
5)Keep U.S. stocks and bonds.
6)Continue to use U.S. credit cards.
7)Continue any club memberships in the U.S.
8)In any correspondence, make reference to your temporary assignment abroad.
9)Maintain bank account in the U.S

[Jeanine]

@East: if your father was a USC at the time of your birth than you could just acquire citizenship....if he became a USC after you turned 21 then you could start by your father petitioning for you to immigrate here, but that would take a while...that's all I know...hopefully, some others will have better ideas than I do...

Good luck and wish you all the best!

[Theone]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by TPEastman:
My husband is here on a work visa, so he is neither a USC or a LPR, I believe his visa expires in 2010. I came into the country on his visa, however, it may be easier for me to reapply for my own green card since my father is a USC. Advice?? </div></BLOCKQUOTE>

You can do both.

What is your Husbands status, you still have not said.

You will have quite a wait as a child of a USC.

[traveler]

At least 6 and half years for a child of USC, it's shocking I know.

[Sprint_girl07]

I have a question..

If she went down the route of having her father petition for her as he is a USC, how does that affect her visa status that she is on now?

Can she maintain the visa she has through her husband and have her father petition for her as a child of a USC at same time?

Just curious how this works.