If we lose green card, what happens then?

D

dri

Registered Users (C)
Hi, I am a US citizen and my husband holds a green card. We moved overseas about 9 months ago for reasons of my employment with an organisation based in the US. Before we left, my husband submitted an I-131 - application for travel document - to keep his green card in good standing. On the application he gave our new address overseas. However, the application was rejected because apparently they sent a letter asking for more information to our old address. Even though we never got the letter, it would cost $585 to reopen the petition.

In addition, we have recently decided that rather than moving back to the US once my assignment is finished, we will probably move to my husband's home country for a few years.

It seems inevitable that he will lose his green card, but what I would like to know is what will happen if and when we move back to the US. Will he easily get a green card again, or is it more like he'll never be allowed back into the country again? Will the issue of the rejected I-131 have any impact, or will this be irrelevant?

Appreciate your opinions. Thanks a lot.
 
He should not have supplied a foreign address for the I-131. Green card holders are expected to maintain a US address even when they travel outside the US.

The two of you will have to work through the green card process again from scratch, spending the thousands of dollars and dozens of hours as necessary. During the 6-12 months of that process, he will have to wait outside the US unless he can get a dual intent work visa like H1 or L1.

The rejected reentry permit won't matter. But things will probably be smoother upon trying to redo the process in the future if he officially surrenders his existing green card via the I-407 process long before reapplying (once you are certain of not returning to the US after your assignment).
 
Hi, Jackolantern, thanks for your advice and sorry I didn't see it earlier (what's with the notification system?).

On the application form for the I-131 it says "You must be physically present in the United States when you file the Re-entry Permit application. However, a Re-entry Permit may be sent to a U.S. Embassy or consulate or Department of Homeland Security (DHS) office abroad for you to pick up, if you request it when you file your application." I can't find any mention of having to maintain a US address?

Anyway, I am now wondering if my husband would be able to keep his green card by visiting the US for a short period at least once a year. He will likely need to do this anyway. What do you think?

Thanks again for your advice.
 
As long as you guys are still married, he should have no problem in getting another green card once you decide to move back to the US.
He will just have to go through the headache again.
 
sarrebal said:
As long as you guys are still married, he should have no problem in getting another green card once you decide to move back to the US.
He will just have to go through the headache again.
Click to expand...

There is no headache, The I-130 will still be valide you can apply for the visa at the embassy and they will issue a new one with no problems. also there will be no wait time of 6 to 12 months.
 
similar question regarding GC

i have a similiar question regarding loosing a GC, what if u filed a divorce while GC application is in process?results in= or lets say filed a divorce after the GC got approved? results in=, r there chances u will loose GC becoz of the divorce?
 
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