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Retaining green card after expiry

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  • Retaining green card after expiry

    I received my green card in 1997 but returned to my home country shortly after. My green card expired and I did not return. I did not officially abandon my green card. In 2017 I applied for a visitor visa B2 and traveled to US. No questions were asked at port of entry. After consulting an attorney, I applied for green card renewal and it was approved. I am now in the US and have a valid green card. I am concerned I will lose my green card at port of entry if I travel abroad, even though my attorney assured me otherwise. Is there anything I can do to strengthen my case?

  • #2
    Originally posted by Sachin N Pradhan View Post
    I received my green card in 1997 but returned to my home country shortly after. My green card expired and I did not return. I did not officially abandon my green card. In 2017 I applied for a visitor visa B2 and traveled to US. No questions were asked at port of entry. After consulting an attorney, I applied for green card renewal and it was approved. I am now in the US and have a valid green card. I am concerned I will lose my green card at port of entry if I travel abroad, even though my attorney assured me otherwise. Is there anything I can do to strengthen my case?
    Why are you worried? Is there something you didn't tell USCIS that they might find out? You have a Green Card, they cant deny entry without a judges hearing.
    4-18-18 PD
    4-29-18 Finger Print fee was received
    9-26-18 I-765 and I-131 Approved
    10-02-18 Card Was Delivered To Me By The Post Office (sent to Lawyer) Day 167
    10-03-18 Case is Ready to Be Scheduled for An Interview Day 168
    10-05-18 your case has been scheduled for a interview. Day 170
    11-13-18 Interview
    11-13-18 New card being produced
    11-15-18 I130 and I485 Approved
    11-20-18 Card Mailed

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    • #3
      You do not have to "officially" abandon your green card. You automatically abandoned your lawful permanent resident status when you left and lived outside of the US for 10 years. Since you abandoned your LPR status and entered on a B2 visa, you may have problems down the road. That being said, the fact that you were allowed to renew says that they probably didn't catch and it and you're fine. Just be very careful applying for citizenship if/when you do, definitely get an attorney and explain the situation. I believe the poster below is correct that they can't take your status away without a hearing, but they can make it an unpleasant experience if they want. If anyone at the port of entry tells you to surrender your green card or destroy it, say NO. Do not do it. They are allowed to lie to you. Absolutely insist on calling a lawyer and carry the number on you whenever you travel. Listen to your lawyer, not the border agents.

      Originally posted by Sachin N Pradhan View Post
      I received my green card in 1997 but returned to my home country shortly after. My green card expired and I did not return. I did not officially abandon my green card. In 2017 I applied for a visitor visa B2 and traveled to US. No questions were asked at port of entry. After consulting an attorney, I applied for green card renewal and it was approved. I am now in the US and have a valid green card. I am concerned I will lose my green card at port of entry if I travel abroad, even though my attorney assured me otherwise. Is there anything I can do to strengthen my case?
      2/20: Received at Chicago lockbox
      4/04: We reviewed your biometrics and are processing your case (I-765 & I-485)
      4/18: Ready to be scheduled for an interview (No notification, not updated on either site until Aug 27)
      4/19: Request to expedite EAD
      5/11: Received EAD
      6/26: Applied for Advance Parole
      8/09: Advance Parole approved
      8/29: Scheduled for Interview
      10/11: Interview
      10/12: RFE on I-130 (misplaced G28)
      10/16: Sent new G28
      10/19: Approved!

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