I got a green card through my wife in 2009 one year later I left US.I am not planning to back within 10 years what shall I do
I visited US twice during this time for few weeks each time.
can I keep mine if not can I cancel it and apply for it again when I decide to live there?
how can I visit US in the future ?
6 attorney answers
You are more than likely to lose your green card because people who have green cards and stay out of USA for more than six months are often considered to be abandoned their permanent US residency. Thus, you will need to get a visa to enter USA.
From your description, it sounds like you clearly reside outside of the US, and it is very likely that your Permanent Resident status will be considered abandoned, even if you made two visits to the US for a few weeks each time since 2009.
If and when you do decide to come to live permanently in the United States again, you will basically need to start the green card process anew. Your wife will need to file a new I-130 for you, and you will eventually need to appear at a US consulate overseas for interview before being granted an immigrant visa to return to the US as a Permanent Resident. If you plan to travel to the US prior to that and want to apply for a tourist visa or other nonimmigrant (temporary) visa, or before you decide to apply anew for Permanent Residence, it is probably advisable to inform the government that you are no longer a Permanent Resident. Reason being that you want to "clean up the record" and avoid any possible future accusation that you traveled to the US using your green card when they shouldn't have let you -- or that when you apply for a new green card, they might deny it because in their records you are still already a Permanent Resident. More information about that process at this link:
Before you take that pretty drastic step, however, of officially abandoning all the work and money you spent to get your green card the first time, I strongly recommend that you schedule a consultation with an immigration attorney to go over all the specific facts of your case in much greater detail -- to help you determine if that is indeed the best strategy.
This answer constitutes general advice and does not constitute specific legal advice, nor create an attorney/client relationship.
As my colleagues note, you have almost certainly abandoned your permanent residency, and will need some other sort of visa (immigrant or non-immigrant unless your country's citizens can travel here under the Visa Waiver Program) to re-enter the U.S.
The 10-year expiration date is just the period after which the card itself may not be able to be used as proof of permanent residency. If you have actually taken acts which have caused you to abandon your permanent residency (such as trips abroad for more than 180 days or one year), then the date on the card doesn't matter and you could be denied admission to the U.S. even before that time.
If you want to come to the U.S. you should discuss your situation further with an immigration attorney. Good luck!
The above is intended as legal information only, and is not legal advice. Anyone with legal questions regarding bankruptcy, immigration, or other legal fields should contact a competent local attorney to discuss the particulars of their case and obtain proper legal advice prior to taking any further actions.
There is no rule that enables LPR status holders to "touch back" to the US to maintain status. If you leave for more then a year then the INA regs state that the status is ended.
Legal disclaimer: The statement above is provided by CC Abbott is based on general assistance and not intended to be a legal opinion because not all the facts are provided. The person requesting information and all others reading the answer should retain an attorney who is permitted by the state bar within the jurisdiction who can examine the complete facts and provide a legal opinion on your case. All information provided in the above answer and other information provided by CC Abbott does not create an attorney/client relationship within any state of Federal law.
Then you just wasted all your time and effort in getting your green card because you abandoned it. What was even the point of applying for permanent residency if you never intended to live here? It's people like you who slow the entire system down for people like my clients who work really hard just to get here because they want to make a life here.
Hire an immigration lawyer if you want to ameliorate the situation you desperate tried to torpedo yourself.
The above statement should not be construed as legal advice, does not create an attorney-client relationship, and is provided purely for informational purposes. You are advised to seek legal advice from an attorney and NOT AN UNLICENSED PARALEGAL SERVICE for any legal questions you have.
What you should do? Nothing.
I would ask you and question what your future goals are? Are you planning to return to the US and stay permanently or just as a tourist?