My nephew's green card is expiring in January 2014 but he has valid re-entry permit can he still re-enter in the USA and apply for renewal of his green card or he has to apply overseas via USA consulate.
Criminal Defense Attorney
I suggest he travels back to the United States as soon as possible and applies for a LPR card renewal at once as you cannot do if from overseas and his admission could be problematic.
DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional opinion, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions stated above are general in nature, and may not apply to specific factual or legal circumstances related to one's current legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a comprehensive legal before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois 773-562-8602
How long has he been out of the US? This is going to be the first question that the CBP officer will ask when he attempts to re-enter with an expired greencard.
I suggest he make arrangements to come in before the card expires. Or contact the US Consulate about a SR-1 returning resident visa.
PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
To avoid tremendous complications which may culminate in Nephew losing his green card status altogether, best to come back to the US prior to that green card expiring, irregardless of whether have re entry permit or not. Reentry permit does not guarantee one's admission back, and certainly does not protect from CBP's assessment at the airport that one has in effect "abandoned" his US permanent residence.
Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.