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Can he now use the Green Card?

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).

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Attorney answers 3


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.

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Lisa R. Brenman

Lisa R. Brenman


I agree and compliment my colleague on submitting such a comprehensive response.


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 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.


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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