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Left US and let US Green Card Expire, How can it be renewed?

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  • Left US and let US Green Card Expire, How can it be renewed?

    Hello,

    I am posting for a friend of mine.

    My friend was born in Saudi Arabia and grew up there until 12th grade (she was born to Indian parents, her father worked there, she's Indian citizen). When she was young, her Aunt (her mothers sister) had filed an I-485 family based sponsorship for her mom. My friends mom was a nurse working in Jeddah at the time. When her mom's priority date became current and was called for interview, her mom, Dad and my friend all three of them obtained a US green card while still in Saudi Arabia.

    My friend and her family would often visit US every year after they receiving their Green cards. She even stayed in US and went to primary schools here for three years (her cousin, Aunt's daughter and her were of the same age), and she stayed with her aunt going to US primary school and middle school. She later went back to her mom and dads to finish high school and then moved to India from Saudi Arabia, for her University to pursue medical school. She has since became a physician. She' has since completed her PG and is now works as an Oncologist in India.

    My friend now desires to come back to the United States and is preparing/studying for her USMLE Step exams. While she could get board certified, apply for fellowships/residency, get matched to a residency program, and have her hospitals file her H1B EB1 and file I-140 concurrently, get her priority date, wait until it becomes current to get her GC eventually (being Saudi born, she likely won't have to wait too long), ( this is her Plan B), she wishes to know if she could qualify to renew her original GC which they all let expire (Plan A). They were all given a 10 year green card back in 1996. While they failed to new their green card, they also lost their permanent resident status as well, as they have not maintained any permanent residency in the United States. I am guessing the US would consider that they've abandoned their permanent residency as they have not lived in the US nor worked or paid taxes in the US for such a long time (Almost 15years). My friend wishes to know if she (and her mom) may still be eligible to apply for renewal ? If yes, how would she go about it (Plan A).

    I believe, since she was given the GC because of her mom, and her moms' sponsor was her Aunt, her Aunt might have to help in some form being the original sponsor.

    Thank you!
    Last edited by Uranium243; 04-12-2024, 06:02 PM.

  • #2
    The card expiration is irrelevant. It's abandonment of residence that's the issue. Their permanent resident status does not expire, even though the card does, so if they maintained residence in the US, they would continue to be in permanent resident status even if the card expired for decades and they did not renew it, and they can renew it at any time. On the other hand, if they abandoned residence, they would not have permanent resident status even if the card were unexpired. Abandonment of residence is a subjective determination that looks at many factors. Based on your description, with her having left the US for all of high school and college and more, she would almost certainly be deemed to have abandoned residence.

    This is my personal opinion and is not to be construed as legal advice.

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