Green card revocation and reinstatement

Asked about 3 years ago - Overland Park, KS

My sister in law had a green card a few years ago, but she hasn't been in the US last 2-3 years. Does that mean that her green card has been revoked? Is there any way to reinstate it? She didn't visit US because needed to finish college, and now she would like to come back and live here again.

Attorney answers (4)

  1. Christian Schmidt

    Contributor Level 19

    1

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    Best Answer
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    Answered . Your sister in law is still considered a permanent resident but her green card is not a valid entry document and proof of her status if she remained outside the U.S. for more than one year. The proper way would be for her to apply for a returning resident visa. Otherwise, the border officer will likely allege that she abandoned her residence when she returns and ask her to voluntarily give up her green card or refer her to an immigration judge to determine whether she indeed abandoned her resident status. Only a judge can make that determination. I strongly recommend that you consult with an experience immigration attorney to determine her options to keep her green card or reapply as the issues cannot be fully considered in this forum.

  2. C. C. Abbott

    Contributor Level 20

    1

    Lawyer agrees

    Answered . My colleagues are all correct. You need to contact an experienced immigration attorney for a legal opinion based on all of the facts.

    Legal disclaimer: The statement above is provided by CC Abbott is based on general assistance and not intended to... more
  3. Pablo Husayn Nossa

    Contributor Level 17

    Answered . My colleague provided you with an excellent answer. Consult with an experienced immigration attorney to discuss your sister's case and options.

  4. J Charles Ferrari

    Contributor Level 20

    Answered . There are not enough facts here to answer the question. If your sister has a valid reentry permit, then she is ok. If she does not, she needs to obtain a special immigrant visa before returning to the US. Otherwise, it is likely that she will be detained upon arrival to the US and that she will have the reimmigrate.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature, as not all the facts... more

Related Topics

Immigrant visas

Immigrant visas can lead to permanent residence in the US, but they require being sponsored by either a family member or employer.

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