Skip to main content

Legal advice on Citizenship application in New Hampshire

Ask your own legal question, it's free


How to reenter the US after 2 years still holding a valid green card?
I am a US citizen and my husband is an Egyptian citizen with a valid US green card. We have been married for 9 years, but my husband never applied for US citizenship during this time. We moved to Egypt two years ago with the intention of staying there permanently. I was on a foreign hire teaching contract and my husband was not employed during this two year period. Due to the political unrest in the country, I was unable to return to Egypt after my summer vacation this month and am now currently living in the US (with our 5 year old son). I cannot return to Egypt because it is too unsafe for my son and I. Now my husband needs to join us in the US, but although his green card is valid, I understand he cannot just get on a plane and return with it because he has been out of the US for too long. My husband did not apply for a reentry permit because we were not planning to come back. I would like him to join my son and I as soon as possible, but I understand there are only two options to do so. Either apply for and SB1 visa or abandoning the green card and me applying for a new one for him. We have looked into the SB1 visa, but it seems because his intention was not to return to the US he cannot apply for this, although he has kept all ties (such as continuing to file taxes, bank accounts, credit cards, etc.) and he was accompanying me on a temporary 2 year contract. But as I understand it is the intention, and his was not to return, that would make the SB1 visa not applicable to his situation. So is the only solution for him to join us for his to abandon the green card at the US embassy in Cairo and for me to apply for a new one from here in the US for him? Or am I missing another option? Once he comes here, he will apply for citizenship once he is eligible so that we will not be put in this kind of situation again. Any advice would be helpful.

Get your questions answered

Avvo helps you learn about your legal situation, connect with lawyers, and get advice.