How can I apply for green card after it being expired? 2 Answers as of April 12, 2011

We have left US for 18 years and my green card was expired.i went to US with the green card on Dec 27th.the immigration got my green card and gave me a single visa for 6 months.i stayed in US for 2 months and came back.now i want to come to US again for my daughters surgery.i want to get a visa again.my visa expires in may 27th.at the other side i want to apply for green card again.and i have to be there in 2 or 3 months.my children and my husband are citizen and we live in Iran.

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Law Office of Christine Troy
Law Office of Christine Troy | Christine Troy
When you leave the US for 365 days or more, DHS will automatically revoke your lawful permanent resident status, which is what they did to you. That is why you were only able to enter on a visitor's visa. If your daughter is over 21 and a US citizen, then you can reapply for a green card through her. If you want to be here for her surgery, you will probably need to reapply for a visitor's B-2 visa if the one in your passport is expired. You do this by making an appointment at the US consulate nearest your home and applying for the visa there. That will give you a short term option to be in the US to visit your daughter. In the longer term, because you are an immediate relative, it will take about 9-12 months for processing of your green card application. However it will not include other children so you may want to talk with an immigration attorney in depth to determine if there are other options for your children to enter with you.
Answer Applies to: California
Replied: 4/12/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
You have to be re-petitioned for a new Green Card by your U.S. Citizen husband, or son/daughter (it they are over the age of 21). If you are in the U.S. you can do it while in the U.S., this would be the fastest way.
Answer Applies to: California
Replied: 4/12/2011
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