GC > expired GC > New reinstated GC

[locotes]

My wife got her green card between 1993 to 1998 when they stayed in US(she was unmarried). They left the States at the age of 18. We got married outside the US on 2003 the same year her Green card expired, coz she failed to go back to the US. She went back to the states as a tourist last year and succesfully renewed/reinstated her greencard carrying my last name coz this time our papers shows that we are married.

1. Again, she has her GC now. Will she have to wait another 5 years for her to qualify to file for citizenship?
2. Or her stay in the state from 1993 to 1998 can count?
3. If yes, how long should she have to wait to file for citizenship?
4. how long will it take her to petition me and my daughter if she do this now as a GC holder? time frame?

Thanks

[PraetorianXI]

1.- How long was she absent from the USA? if it was more than 1 year she lost her resident status.

2.- Entering as a tourist is a big NO. She is not a non-immigrant tourist, she is or was a resident.

3.- Just because her GC was renewed that doesn't mean she is good and dandy now... it may have been approved in error and it can and will be revoked. This will come to light when she needs to renew her GC, apply for citizenship or file an i-130 for someone.

[locotes]

praetorianXI

About my number 3 Q & A, She already got her card less than a month.

1. Are you saying that it will be impossible for her to apply for citizenship coz it will light up that it was an error? her greencard renewal.

2. What should be the right thing to do?

3. Weve done it with no intent to falsify anything. She entered the country on a tourist visa, she lined up in the embassy fo it, coz thats was the only way she can go to US coz she lost her residency.

thanks

[PraetorianXI]

3. Weve done it with no intent to falsify anything. She entered the country on a tourist visa, she lined up in the embassy fo it, coz thats was the only way she can go to US coz she lost her residency.

you need to speak with an immigration attorney.

if you guys KNEW she LOST her resident status, why did she attempt to renew her GC?

[locotes]

actually it was not lost, it was expired. Just like any other things that expires, you try to renew it and they did renew it.

[PraetorianXI]

actually it was not lost, it was expired. Just like any other things that expires, you try to renew it and they did renew it.

LOST her permanent resident STATUS... not lost the card.

she FAILED to MAINTAIN her residency in the USA.

she needs to contact an immigration attorney immediately, this IS a BIG deal.

[locotes]

Yes, when she arrived November last year in US thats what she did, talked to an immigration lawyer. The lawyer helped her renew/reinstate her GC and she got her new GC last month.

Are there any wrong steps done there? I thought it is alll ok coz we went with a lawyer and lawyers suppose to know what to do than us. The agency who is task to give GC gave her a new one. We passed thru all proper steps and NO short cuts/ falsifications done here.

Are we in trouble?

[PraetorianXI]

How exactly did she first obtain the GC? you may want to check with a different lawyer.