What happens if your green card expires while you are abroad? Do you lose all of your privileges of your green card and can you return to the U.S.? In this video, Joseph shares a success story where one of our clients had an expired green card and filed the I-407 application to abandon green card, but had an urgent reason to return to the US. The client’s visa was denied at the consulate but Tsang & Associates found a way to bring the client back to the US. Learn more in today’s video about creative ways to return to the US after your green card expires.
Note that attempting re-entry with an expired or abandoned green card is a last resort, and should be done with the guidance of an attorney.
This video is brought to you by Tsang and Associates, a boutique international law firm that solves legal problems with creative solutions.
Green Card Overseas Over One Year is a new short series that dives into different solutions to maintain your hard-earned U.S. lawful permanent resident status after being abroad for over a year. Attorney Joseph Tsang discusses different ways we have successfully helped our green card clients to return to the U.S., and most importantly, preserve their lawful permanent statuses.
Returning LPRs must present the required documents for entry pursuant to 8 CFR 211.1. Per regulations, LPRs who have been out of the country for more than a year and less than two are required to present a re-entry permit when seeking admission. CBP does consider the totality of the circumstances when processing LPRs who have been out of the country for more than one year.
9 FAM 502.7-2(B), Returning Resident Status; 9 FAM 502.7-2(C), LPR individuals who are unable to return to the United States within the travel validity of their Form I-551 or Re-entry Permit, may apply at a U.S. Embassy or Consulate for a special immigrant Returning Resident (SB-1) visa; INA 101(a) (33), lack of fixed dwelling place in the U.S. is not dispositive; 8 CFR 211.1(a), only required “unrelinquished lawful permanent residence”; 8 CFR 211.1(a)(2), if LPR remains outside the U.S. for more than one year, the regulations require invalidation of this green card, but DHS takes the position that residency also has been abandoned; INA 101 (a)(27), If visit abroad is temporary, residency is not deemed abandoned.
As each solution is unique in its own way, keep reading below to see the complete episode list!
👉Green Card Overseas Over One Year Episode List:
1. How to Prove You Did Not Abandon Your Green Card
2. How to Apply for an SB-1 Returning Resident Visa
3. How to Overcome a CBP Secondary Inspection
4. How to Choose between CBP Entry or an SB-1 Visa
5. How to Apply for I-131A Carrier Documentation When your Green Card Has been Lost
6. When Your Green Card Expires While You Are Abroad: Can you Still Return to the US?
7. How to Reenter the U.S. With an Expired I-551 Stamp
8. How to Enter the US after Being Abroad for Longer than a Year
9. Everything You Can do to Prove Your Did NOT Abandon Your Green card
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