Ask An Immigration Lawyer :: Get Your Green Card Back!

EDGE READ TIME: 4 MIN.

Have you been outside of the USA for more than a year, but you still want to use your green card and don't want to start the entire process again? You may think it is impossible to get your green card back, but there is hope for you yet!

People are often told by CBP (Customs Border patrol) officers that their green card is deemed to be abandoned due to having been outside of the US for an extended period of time.

A seasoned immigration attorney will have the knowledge and foresight to advise their clients on ways to avoid this problem from the start, while still remaining outside the States for extended periods; however if you have already been outside of the US for a long period of time you might be wondering how you can get the old green card reinstated? For many with old or "abandoned" green cards all hope is not lost.

Many people don't realize that they have options; many attorneys misadvise clients, because even they themselves don't realize that there are ways to overcome such green card issues. As with most US Immigration matters, every green card case is different and therefore a skilled Immigration attorney must evaluate each situation carefully on a case-by-case basis. Once an expert Immigration attorney has consulted with you in depth they will be to determine whether you can in fact reactivate your green card.

CPB officers and unskilled attorneys will tell you that if you have been physically outside the States for more than one year your green card is deemed to be abandoned; this is incorrect. Attorney Caro Kinsella, however who is a seasoned Immigration expert and a member of the American Immigration Lawyers Association frequently helps clients in positions where others have been unable to assist. Most recently, Attorney Kinsella's success in such cases was marked by the reinstatement of a green card for a Mrs. O'Sullivan, an Irish national who was outside of the US for over four years. The attorney and her team were able to successfully argue that her green card was not abandoned, USCIS agreed and reissued the 10-year green card to Mrs. O'Sullivan.

Attorney Kinsella's Immigration Tips: How to keep your green card if you have outside the States over one year


1. Consult with an Immigration attorney to strategize on how to enter the States. There are a few options available, don't assume your case is dead in the waters until you speak to a seasoned attorney who is specializes in complex green card and immigration issues.

2. It's important your immigration attorney prepares you for what lies ahead and advises on how to effectively answer the CBP questions. Your immigration attorney should also advise you on what request if the CBP officer wants to take the green card from you.

3. Learn what deferred inspection is all about and can you avail of this, ask an attorney about how it can help you keep your green card and learn how to request it.

4. Ask your immigration attorney to explain to you what SB-1 is and find out if you qualify. It's important to note that some clients don't qualify for this and erroneously believe that is their only option in retaining their green card, make sure you get the right advise and have a seasoned attorney who specials in immigration explain all of your rights and options to you.

5. Find out how humanitarian issues that can help you keep your green card and what is required.

6. Ask your immigration attorney to explain to you why your "intent" on residing in the United States permanently is so important in keeping your green card

7. Ask your attorney to explain to you the standard CBP officers abide by in determining whether your green card is "abandoned" and how it differs from what the Immigration Statutes state (Remember the statutes take precedence).

8. Make sure you get to enter the States without abandoning your green card, remember once you abandon the green card, unless a Federal Court grants your appeal (which is both costly and a lengthily process), your green card is gone forever and you must restart the process from the beginning (either through family, employment or the DV lottery to obtain another green card).


Quick notes on how to obtain a green card:

  • You can obtain a green card through your family: Spouse (including same-sex couples), children (over the age of 21 years), siblings, parents, grandparents. Click here to find out more about this.

  • You can obtain a green card through an employer-sponsored visas: H-1B/H-3/E-2/L-1A Visas etc. Click here to learn more about working visas.

  • You can obtain a green card through the 'DV' Green Card lottery, which happens once a year. The deadline for the DV lottery application submission is at the end of October so applies now if you are in need of a green card. Contact Attorney Kinsella if you have questions about applying for the DV Lottery. Time is running out on this opportunity. Contact Attorney Kinsella now if you are interested in the Green Card Lottery.

    If you have questions on how to gain a green card or how to reinstate your current green card call Attorney Kinsella's office at (954) 304-2243. The attorney's office provides free telephone consultations for LGBT couples seeking green cards through marriage petitions. For more information on LGBT Family immigration visit: www.Gayimmigration.guru

    Visit www.CkLawUSA.com for all other visa information or to set up a time to speak with Attorney Caro Kinsella about your situation.

    Keep up to date with the latest changes in immigration law by visiting the attorney's Facebook news page: https://www.facebook.com/ImmigrationNewsNow

    For more detailed information on this topic, contact Attorney Caro Kinsella, Immigration Attorney. Her team of legal experts specialize in gay immigrations matters, and will assist you with green cards, visas and all other US Immigration matters. Click here to contact the attorney's office directly.


    by EDGE

    This story is part of our special report: "Ask An Immigration Lawyer". Want to read more? Here's the full list.

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