If I have a US permanent resident card expiring in 2 yearsbut have been out of the states for 6 years and want to return now to states, ismy status still valid?

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If I have a US permanent resident card expiring in 2 yearsbut have been out of the states for 6 years and want to return now to states, ismy status still valid?

Asked on March 13, 2012 under Immigration Law, California

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Most likely not.  If you have been outside the US for 6 years and did not get a reentry permit allowing you to stay outside the US all that time, your status has most likely been terminated due to abandonment.  You can try to reenter the US with the document and if you are referred to an immigration judge, you will have to try to appeal the termination in immigration court.

Hong Shen / Roberts Law Group

Answered 9 years ago | Contributor

As a green card holder you need to reside in the US for 183 days each year to maintain your status. If you will be absent for two years you should get a re-entry permit. In your case, your green card is probably revoked. You should fill a form DS117 in order to apply for a SB1 visa the nearest US embassy. Document the length of your stay, US tax returns you filed, and the reason why you could not return in time. If your visa is approved and you are allowed to come back in, then your green card is reinstated and you should renew it immediately. Consult an immigration attorney.


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