Unknowingly Abandoned Green Card. Can I get it back?

A

ajindal

New Member
Hi,

I got a green card in 1986. I visited US and then came back. My father expired and since I was a kid, I did not return to US. After 21 years, I was asked by my company to apply B1. Someone told me that since I cannot have 2 status in US, and my green card is expired, I need to abandon my green card. I did the same and abandoned my green card.

Yesterday, my sister who is a student in US, sent her GC to INS and she was surprised to hear that she is still a LPR and will be issued a new GC.

Is there any way I can get my GC back. What steps should I take? While surrendering the card to the visa officer, I was not told that I am still a LPR of US. Please help me!

Thanks,
Akhil Jindal
 
ajindal said:
Hi,

I got a green card in 1986. I visited US and then came back. My father expired and since I was a kid, I did not return to US. After 21 years, I was asked by my company to apply B1.

Someone told me that since I cannot have 2 status in US, and my green card is expired, I need to abandon my green card. I did the same and abandoned my green card.
------who is that "Someone" why did you folow his/her advice? why did not you go to uS consulate and asked them if your can get transportaion letter as GC is expired. you were kid when got the GC and it was not your mistake not to come back to US as kid and nobody to look after
Yesterday, my sister who is a student in US, sent her GC to INS and she was surprised to hear that she is still a LPR and will be issued a new GC.
----------------she Is IN US and if Card expires she can apply and will new Card. dont mix your situation with your sister situation
Is there any way I can get my GC back. What steps should I take?
While surrendering the card to the visa officer,
I was not told that I am still a LPR of US. Please help me!
------------------ if you were NOT LPR then one dont need to surrender GC before consulate officer. did you ask the consulate officer before you surrendering the card to the visa officer if you are still LPR? it was your duty to ask

Thanks,
Akhil Jindal
Click to expand...

talk to good immigration lawyer or that "Someone".
where are you in India
 
Thanks for the reply ginnu. Actually my sister also got her GC in 1986 and she went to US to study after 20 years. But, she did not surrender her GC before going. My sister applied for her H1-B and her attorney asked her to surrender her GC,,bBut when she tried to surrender her GC, as she applied for H1-B, INS did not accept her GC and gave her a chance.She has got a letter from INS saying that she will get her new GC and they cancelled her H1 application.


I am presently in Hyderabad. I was told by our travel representative that it is better if I surrender my GC as it is of no use, as it is deemed to be expired. Also my sister's attorney had also asked her to do the same. When I went to the embassy, there was such a rush that there is hardly anytime that you can talk to the representatives. I know it was my fault, but I am trying to rectify it now. Actually my mother also did the same. She is leaving for US next month and will try to hire a lawyer for her case.

Can you suggest or someone on the forum please let me know how should I proceed? Will it help if I travel to US immediately. Will this matter?
 
It won't matter in your case as you "voluntarily" relinquished your LPR status.

In any case, since your family had abandoned permanent residence in the US, you no longer had LPR status.

I think you can still apply for a new GC from scratch
 
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