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Re-processing of Greencard after overstay

Discussion in 'Family Based Green Card -Through Marriage/Relative' started by userimmi, Apr 9, 2011.

  1. userimmi

    userimmi New Member

    Hi there,

    Have a question regarding overstaying while on a greeencard. My mom has a green card and she has stayed abroad for over 11 months now. I undertand that if she overstays the one-year-period, he green card status will become 'ABANDONED' since she doesn't have a re-entry permit and she would need a new greencard to re-enter US. I am a US citizen and I had sponsored her greencard earlier.

    What I wonder is that if I will be able to re-process her green card later on if she stays beyond the one-year period abroad? Will the previous greencard 'ABANDONED' status have an impact on the future re-processing of her new greencard? Is there a way one can re-activate the original greencard?

    Appreciate your help!

    Thank you!
     
  2. Jackolantern

    Jackolantern Registered Users (C)

    If she can provide sufficient evidence to the US consulate to convince them that staying outside the US for over 1 year was due to circumstances beyond her control, she can obtain a Returning Resident Visa (SB-1) that will allow her to resume her status in the US as a permanent resident.

    If that ultimately fails, she would have to redo the whole green card process. The previous abandonment won't be a negative factor. Of course, redoing the process from scratch will take much longer and cost more than the SB-1 visa.
     

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