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My wife left the U.S. for a few years to care for her aged mother. Upon her return her Green Card was revoked for abandonment.

San Antonio, TX |
Filed under: Immigration Green cards

We have both lived and worked in the U.S. for 20 years. I am still a Green Card holder. She did not abandon the U.S. as she came back numerous times to visit. Is there some way we can appeal to get her Resident Alien status reinstated?

Attorney Answers 4


It is a little too late to question revocation. But refiling for her is a better option. Seek help if you would like to know how to speed it up. Best Wishes!

My answers are for general information only, NOT A legal advice because these are not tailored to your specific situation. Contact an Immigration Attorney if you need legal advice.

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There is no direct appeal, but as a green card holder you can sponsor her for another green card.

Please see

Mr. Shusterman's (former INS Trial Attorney, 1976-82) response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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A finding of the abandonment of her lawful permanent resident status cannot be appealed. You will now need to start the entire process of sponsoring her for a green card. Seek to consult with, and hopefully hire an experienced immigration lawyer to help you with all this.

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.

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5 lawyers agree


It is gone.
Is there some reason she did not get a US Citizenship 17 years ago onward?
It is an immigration TO America to become an American document, not a travel freely document.

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