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Re-Applying for an abandoned Green Card

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  • Re-Applying for an abandoned Green Card

    Hello, After staying 4 years outside USA, the green card was taken away from my uncle upon entering USA last year, Can he Re-Apply again , and what type of form he needs to use if so, how longs it takes, I really appreciate your help.

    Thanks
    Jad

  • #2
    Your uncle would have to be re-petitioned by a qualified relative.

    -Ray B

    Originally posted by JadHattar View Post
    Hello, After staying 4 years outside USA, the green card was taken away from my uncle upon entering USA last year, Can he Re-Apply again , and what type of form he needs to use if so, how longs it takes, I really appreciate your help.

    Thanks
    Jad

    Comment


    • #3
      Hello Ray,
      This means that he has to wait for 12 years..
      I was looking at a different approach such as , other ways to get back the green card, and pay any fees or penalties after showing the documentation ( why he was out for 4 yrs ) .

      Jad

      Comment


      • #4
        Jadi,

        He should apply for a "Returning Resident Visa:"

        The following is the citation from the Manila, Philippines U.S. Embassy website. The embassy in your relative's country should have its own requriements.

        "...
        Returning Residents

        When a U.S. lawful permanent resident remains abroad for more than one (1) year without permission from the U.S. Citizenship and Immigration Services (USCIS), the person is generally considered to have abandoned U.S. residency and is subject to loss of Lawful Permanent Resident (LPR) status.

        In order to return to the U.S. and resume residence there, the individual may find relief as a “Returning Resident” as defined in U.S. immigration law.

        To qualify as a Returning Resident, the individual must demonstrate to a consular officer that he/she departed the U.S. with the intention of returning after a stay of less than one (1) year abroad, and his/her failure to return to the U.S. as planned must be shown to have been for reasons beyond his/her control.

        Please Note: Conditional Residents of the United States who fail to file an application to have their conditional resident status removed are required to apply for a new immigrant visa. They are not eligible to apply to return to the U.S. as a returning resident.

        How to File an Application for Returning Resident Status:

        Applicants are required to schedule a pre-interview appointment to determine returning resident status by calling the U.S. Embassy Manila Visa Information and Appointment Service at (632) 982-5555. Appointments are generally available Mondays through Thursdays between 8:00 a.m. to 11:00 a.m. Appointments are not available on Philippine and U.S. holidays, nor on the first Wednesday and the last working day of the month.
        Applicants must submit the following completed forms and documents at the time of his/her scheduled pre-interview appointment:
        E-mail print-out of the Appointment Confirmation Page from the Visa Information and Appointment Service;
        Completed Application to Determine Returning Resident Status (Form DS-117);
        Alien Registration Receipt Card, Form I-151 or I-551 (“green card”);
        Passport (valid and expired);
        Re-entry Permit (Form I-327), if available; and
        Any supporting documents to justify his/her failure to return to the U.S.
        Also, applicants are required to pay a non-refundable filing fee of $275 (or its local currency equivalent), which may be paid in cash, traveler’s check, U.S. Postal Money Order, or a major credit card at the Embassy’s consular cashier. The filing fee is NOT the visa application fee; this fee is for the determination of returning resident status. Payment of the filing fee does not guarantee that the returning resident status will be approved.
        Applicants will be interviewed by a consular officer upon submission of the application documents.
        Upon arrival at the U.S. Embassy, applicants should proceed to the Immigrant Visa Unit Check-in Counter (ticket booth) to get a stub number.
        Applicants will be instructed to proceed to Window 74 to submit the required documents. After submission, applicants should proceed to the USCIS office (Window 25) for consultation regarding their immigration status.
        After consulting with USCIS, applicants should return to Window 74. If the applicants decide to continue with their Returning Resident Status application, they would be asked to pay the required fee at the consular cashier.
        After payment is made, applicants should proceed to the waiting area where they will be called for the pre-interview with the consular officer.
        After the pre-interview with the consular officer, the passport and alien registration card (“green card”) will be returned to the applicants.
        The decision regarding the applicants’ status can only be made after the interview with the consular officer. We will send the applicants a letter by regular mail regarding our determination.
        Once the interview is completed you may leave. There is no need to return to USCIS.
        If approved for Returning Resident Status, applicants must still meet all other documentary and legal requirements to qualify for a new immigrant visa, and pay the immigrant visa processing fee of $220 with the Immigrant Visa Unit.

        If the Returning Resident Status application is denied, applicants may still be eligible for an immigrant visa based on a new petition filed by a qualified relative or employer. The petition must be filed with the USCIS office which has jurisdiction over the area in which the U.S. petitioner resides.
        ..."


        Originally posted by JadHattar View Post
        Hello Ray,
        This means that he has to wait for 12 years..
        I was looking at a different approach such as , other ways to get back the green card, and pay any fees or penalties after showing the documentation ( why he was out for 4 yrs ) .

        Jad

        Comment

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