Can you reinstate your visa after being away for an extended period of time? 4 Answers as of July 24, 2011

My partner had a US green card and lived in england for six years then tried to re-enter at customs. He was made to sign a form to give up his green card and enter with a 3 month tourist visa which expired dec 2009, he is still there to date and believes he is able to have his green card re-instated mainly on the grounds that he left when he was a minor (17). Is it even possible to have it reinstated especially with such a long time out of the US, or is he better off just coming back to england to reapply- obviously he has overstayed and is working in the USA with his old SSN and using the same green card which doesnt actually expire until 2013- is he even likely to get his old one back or even get a new one and what will happen when he leaves the US considering his overstay?

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Eric M. Mark, Attorney at Law
Eric M. Mark, Attorney at Law | Eric Mark
That is a situation with many complications and potential difficulties. Your partner needs to consult with a lawyer to discuss the situation and get any useful advice.
Answer Applies to: New Jersey
Replied: 7/24/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
If he abandons his green card, he lost his permanent residency. If he overstays his visa, he is subject to 3-10 years immigration bar. If he wants his green card back, he needs to start over the process.
Answer Applies to: Florida
Replied: 7/24/2011
Law Offices of Caro Kinsella
Law Offices of Caro Kinsella | Caro Kinsella, Esq.
If you remain outside the U.S. For one year or more, then it is automatically abandoned. He will not be able to reinstate his green card.
Answer Applies to: Florida
Replied: 7/24/2011
Reza Athari & Associates, PLLC
Reza Athari & Associates, PLLC | Reza Athari
No. He gave up his residency when he signed that form. He must start all over again. You mentioned he is your partner but not spouse, right? If you are married, we can help him.
Answer Applies to: Nevada
Replied: 7/23/2011
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