Can he now use the Green Card?

Asked over 1 year ago - Franklin, VA

My husband had a Green Card.He left USA with a reentry permission for two years but he could not back within the reentry period.He then applied for returning immigrant visa but neither it was issued nor refused in writing. Later, he applied for Visit visa for urgent need after refusing several times, finally issued a visit visa.Now he is in USA with visit visa. His Green Card validity is still remains for about 4 years(upto 2016).

Attorney answers (3)

  1. Michael Hugh Carlin

    Contributor Level 18

    3

    Lawyers agree

    Answered . It would NOT be a good idea for your husband to use his green card at this time. It is possible that U.S. consular officials might have required your husband to sign documents declaring that he abandoned his permanent resident status, before they issued him the visitor visa. Now that your husband has entered the USA on the visitor visa, in effect he has declared that he is in the USA as a "visitor" and NOT as a "permanent resident." I strongly suggest that your husband consult with an immigration attorney to gather all of the relevant facts and to determine if there is a possibility that he could retain his permanent resident status at this time, despite the facts that you mentioned. Another option might be for your husband to apply again for permanent resident status through you. A good immigration attorney will help you to have the best chance of success.

    (734) 369-3131. This communication does not establish and attorney-client relationship with the Law Office of... more
  2. F. J. Capriotti III

    Contributor Level 20

    1

    Lawyer agrees

    Answered . The greencard is probably no good.

    Meet with a lawyer.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more
  3. Pradeek Susheelan

    Pro

    Contributor Level 12

    1

    Lawyer agrees

    Answered . As he is now here on a visit visa he cannot use his green card. The service will consider him to have abandoned his permanent residence. Please consult with an experienced immigration attorney.

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