GC expired 5 years ago...do I have a fighting chance to renew somehow?

B

Bev

Registered Users (C)
Hi there,

I am hoping that someone (hopefully TheRealCanadian can comment because he seems to know his stuff) will be able to provide me with comments, advice, opinion, etc on my situation:

I was issued a green card when I was 12 years old. The green card has expired for five years already. I am in my twenties. I would like to go to the States and I fully intend on living there and never leaving. Only problem is...I need to be given the right to stay permanently in the States. Is there any fighting chance that I would be able to renew my greencard? I am willing to do anything to do this! The only thing, how do I explain to immigration what I have been doing in the last 5 years since my greencard expired that would be able to convince them that I was a resident (even though I wasn't...but that was only because my parents took me out of the States and I didn't know I had a green card)? Another fact...I have never filed a tax return...which I think is bad too...but can I file them now (I would have to back track many years to when I was 18). I mean, can I tell immigration that I have always been living in the States and that I ran away from home and didn't know that my green card had an expiry date (and that is why I didn't renew it five years ago?)?

Oh lordie...

Thanks for any help you can give!
 
the only way an abandoned permanent resident status due to a long absence has a chance of being restored is if the former resident can demonstrate that such absence was due to reasons beyond their control. is there a glimmer of hope in your case? i cannot say; perhaps an immigration attorney can. since you were so young when you left the u.s. and were a ward of your parents, the choice of staying or leaving was not within your power to influence. as for the 5 years following your turning 18, you could possibly argue that you were not even aware during that period that you were an LPR of the united states. as far as you were concerned, you were simply living with your parents - wherever in the world they chose. it is only now that it dawned on you - perhaps it occurred to you to ask your parents how it came about that they and you lived in the u.s. - that you had u.s. permanent residence, and that the terms of that permanent residence were violated (by remaining outside the u.s. beyond the allowable period of time) through no fault of your own.

even if it sounds feeble, it is worth a shot. but, most importantly, get a good immigration attorney.
 
Thank you Pork Chop. I feel much better knowing that someone else can see where I am coming from.
 
I was wondering, does anyone know of any cases (I tried searching on the internet) of someone (who is now over 18) trying to renew their greencard after it has already expired on the basis that they were unaware that they had a greencard as a minor and were then removed from the States (by their parents) who would now like to stay permanently in the States?

I would like to try to renew my greencard but at the same time, I'm not sure how strong of a case I have. I mean, if I were immigration, I could argue that any kid who obtained a greencard as a minor could come back at any point later in their life and say hey, can i have my greencard?

at the same time, i don't want to do things like other people where they lie to immigration and say they never left the country because immigration are not stupid, they will ask questions and if you get caught lying, that is baaad.
 
bev,
I have the same situation and i am now in the process also of looking for possiblities of how I can renew my gree card though mine expired 2 yeras ago.I was a minor then when my parents took me out of U.S. pls email me eloisa_dentist @yahoo.com for any advancement in your case.thanx :)
 
Hi Eloisa,

I haven't exactly made any progress on my case and I am optimistic but at the same time, I have to be realistic. I'm not sure if I have much of a chance. I am probably in a much worse situation than you because my green card expired 4 years ago which is bad because I can guarantee they will ask me what I have been doing and why I never renewed my green card. Also, I obtained a TN Visa because of work because I did not know about my green card. My biggest concern is that my TN will trigger something or will totally screw me over because it is traceable. And it makes me even more mad that if this TN does affect me negatively (and it only can), that is was because of work (and I hate my firm!).
 
You could _try_ filing an I-90, pay the required fee of $185 + $70, and provide a US address for correspondance. At some point soon afterwards, you'll have to be in the US to get your fingerprints and biometrics done at an ASC, or the local USCIS office.

http://uscis.gov/graphics/formsfee/forms/i-90.htm

The worst case is that they will notice that you have applied for TN status, and so that makes your current permanent resident status null and void, so you would not get a replacement card. If this is the case, then you've lost $255 and your only option is to apply for a green card from a fresh start.
 
Hi George,

Thanks. Just to add something else. My TN Visa was stamped to my current passport. My green card was obtained using an old passport at the time. Each passport has a different number because when you renew expired passports, you get a new one with different numbers (I think - I have to double check). Do you think this helps or it doesn't matter?

I totally don't think it's fair that my TN will hurt me because I did the firm a favor by working in the States and now this is going to hurt my chances. Life isn't fair. Right.

So, the thing is, I didn't know I had a green card until recently. After I had already gotten a TN, after the TN had already expired.

When you apply for the I-90 you need to provide a copy of your passport. I do not want to give them my passport (the one I have right now because it includes my TN stamp so obviously that would trigger something). I am wondering whether I can get a new passport and pray that they don't catch it. Then again, I don't know what kind of fire I am playing with and if I get caught lying, that will make things so much worse than my situation already.

Any advice?
 
Bev,
I beleive you have very valid point . As a child, you should not be responsible for your parents decesion resulting loss of your GC. I suggest you to contact lawyer ( This sites owner, Mr Rajiv does lot of free counseling on conference call freequently, you can join those call and ask your q/s too). I am very sure that lawyer can suggest you some way out. Trust me,laws are made to help people( in this case, immigrants). If you able to get your case in immigration appeal court, there is a hope for you, as you have very valid cause which was out of your control.

Keep us updated and Best of luck to you to get your GC back.
 
9 FAM 41.31 N15 LAWFUL PERMANENT RESIDENT (LPR) ISSUED NONIMMIGRANT VISITOR VISA FOR EMERGENCY TEMPORARY VISIT TO UNITED STATES (CT:VISA-701; 02-15-2005)

A lawful permanent resident (LPR) may, in some cases, need to get a visa more quickly than obtaining a returning resident visa would permit. For example: a permanent resident alien employed by a U.S. corporation is temporarily assigned abroad but has not necessarily remained more than one year and may not use Form I-551, Alien Registration Receipt Card (Machine Readable) (Green Card), in order to travel to the United States for an urgent conference and then return abroad. The alien has never relinquished permanent residence, has continued to pay U.S. income taxes, and perhaps even maintains a home in the United States. The alien may be issued a nonimmigrant visa for this purpose and Form I-551 need not be surrendered. The relinquishment of either of these forms shall not be required as a condition precedent to the issuance of either an immigrant or nonimmigrant visa (NIV) unless Department of Homeland Security (DHS) has requested such action.

It is for some other kind of situation, but may be it works for you some way.
 
GC expired 5 years ago

There used be a whole category called "Returning Permenant Residents.. " You may want to look into that..
 
Okay everyone, here's the deal

I have spoken with an immigration lawyer who was open to looking into my case for me instead of telling me there is no hope.

His recommendation is that I apply to the US Consultate in my country and hope for the best. He said it would be an "uphill" fight. That would be an understatement.

I asked him if it would be better for me to be physically in the States before I apply for a renewal and he said no because if I entered the States as a visitor or by any other means other than a greencard, I would basically be saying that I am not a resident (now that I know I have a greencard).

So I asked him well what if I enter the States knowingly and apply from inside and he said that would be fraud. Which is true.

I am not sure what to do. I want to do what is right. But I want to fight for my greencard the best way I can.

I mean, even if I entered the States, yes, technically my status hasn't changed. I was just told that if you are physically in the States, it is harder for them to get you out as oppose to you dealing with the issue outside of the States because they can always deny you entry.

Any advice? From both sound and risk takers.

I am not confident about my case even though I have a case. I would not bet money that this will work out for me.
 
One last thing. He charges $3700USD flat fee whether or not I win. This does not give me confidence and if this is a futile effort, I don't want to be down $3700 if I have a better chance winning the lottery.

I also have a wedding to attend in September in the States and I mean, what do I do? Based on my lawyer's advice, I cannot go because I need to apply outside of the States and it will take months.

I need advice on the best way to go about applying.
 
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