Can my husband reapply for a green card? 2 Answers as of February 08, 2011

My husband was a greencard holder for over 20 years and has a social security number. About 7 years ago he was asked by the US immigration to turn it in as he was not living in the US. They issued a document to go to the embassy and get his visa which he did. Can the reapply under the family relation law and be granted a greencard again along with his derivatives beneficiaries. If so how long does it take?

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JCS Immigration & Visa Law Office
JCS Immigration & Visa Law Office | Jack C. Sung
He can reapply for the green card again through another family member. His spouse (US citizen or green card holder), US citizen children above the age of 21, US citizen parents can petition for him. US citizen spouse petition will take 8 to 10 months to reach the green card stage. Green card spouse petition will take 2 to 3 years to reach the green card stage US citizen children above the age of 21's petition will take 8 to 10 months to reach the green card stage. US citizen parents' petition will take 6 to 8 years to reach the green card stage. If he is in the United States in legal status US citizen spouse and children's petition will take 4 to 5 months. Green card spouse petition will take 2 to 3 years and he must maintain legal status in the U.S. US citizen parents' petition will take 6 to 8 years.
Answer Applies to: California
Replied: 2/8/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
It sounds like your husband is deemed to have abandoned green card. If he wants to return and literally live in US for majority of each year, he will have to go through the immigration process again. This time he has to show strong intent to stay in US if he gets one. Sounds like you need a lawyer to prove your case for you. Good luck. You are more than welcome to contact us if you need further assistance.
Answer Applies to: Florida
Replied: 2/8/2011
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