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If you had a green card as a child but have lost it and have not lived in the us for 30 years can you file for a replacement card and get it? My friend has no SS# or any history of living in US in all these years, but still has his A#.
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If outside of the U.S. for a year or more without a Reentry Permit, Green Card status is considered abandoned.
The child would have to be re-petitioned for a new visa to return to the U.S. as an immigrant.
--Ray B
Originally posted by Ilona Verner View Post -
green card
This guy has filed for replacement of list green card and has a biometric appointment.
Does it appeAr to you that he will pull it off or will he get tripped up?Comment
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The original poster said that he has not been in the U.S. in 30 years. Without proof of returning or residing in the U.S., he has no U.S. residency status and is ineligible for a replacement Green Card.
Until about 18 years ago, Green Cards were issued without expiration dates (unless "conditional status"). INS (before name was changed to "USCIS") then asked holders of non-expiring Green Cards to obtain 10-year cards, but did not threaten any "penalties" for continued use of non-expiring cards.
But the original poster of this thread is out of luck in obtaining a new Green Card, unless he has managed to "sneak back" into the U.S. without a formal entry at a Port of Entry.
--Ray B
Originally posted by Ilona Verner View PostComment
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green card
His application has a US address on it. He is hoping he will come in to Us from canada on vacation visiting family and his green card will be waiting for him in US or will the card never arrive once application is completely processed and they see he has not resided in USComment
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Ilona,
This has all the signs of "immigration fraud," and discussing how to accomplish this feat (replacing a Green Card after abandoning his former Green Card status) on a public forum is not very smart.
--Ray B
Originally posted by Ilona Verner View PostComment
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Thank you
I will warn relevant parties of that. I appreciate your advise
I will suggest they get legal help or contact uscis directlyComment
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Ilona,
Paid "legal help" will not be difficult to find. My estimate is that 1 out of every 2 immigration attorneys approached (and 3 out of 4 non-specialist attorneys) will be happy to accept a retainer to represent him. Getting results, however, is an entirely different matter. My take is that the subject has no legal basis for restoration of his Green Card status.
Queries to USCIS on this subject are likely to result in different responses from every USCIS staff person approached. Many staff responding to such queries to USCIS are contract employees, with varying amounts of general training, and often ill-equipped to provide straight, reliable answers. There is also a phenomenon of "feel good" answers given by USCIS staff, often because they don't have good answers or don't understand the questions, and just want to leave a "positive" impression with the client.
My advice, if the subject is willing to do this the right way, is to reacquire a legal basis for entering the U.S..
Immigration shortcuts have a tendency to come back to haunt offenders many years later. I've seen USCIS discover a 35-year-old J1 incompletion which they subsequently sued to deny an Adjustment application for an applicant who had been in the U.S. since the mid-1970's on a subsequent student visa.
--Ray B
Originally posted by Ilona Verner View PostComment
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I will find out more about his situation and tell him to investigate his options
Thanks again
This forum has been very helpfulComment
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