If some once green card expires and he is oversea but holding a valid re-entry permit can he still re-enter in to USA yes or no

Asked 10 months ago - San Luis Obispo, CA

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.

Attorney answers (3)

  1. Giacomo Jacques Behar

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . 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... more
  2. Alexander M. Ivakhnenko

    Contributor Level 20

    5

    Lawyers agree

    Answered . 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... more
  3. F. J. Capriotti III

    Contributor Level 20

    3

    Lawyers agree

    Answered . 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... more

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