How can I get a green card back that I lost due to not returning to the States in the allotted time? 4 Answers as of February 03, 2011

My mother is married to an American citizen and I lived in the US for 9 years, I had a green card but when I moved back to the UK I had to give it up because I hadn't returned to the states in the allotted amount of time. I would like to move back to the US and wanted to know if I can get my Green Card back, my mother and stepfather still live in the US as well as my brother.

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Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
Depends on your age and marital status and immigration status of your mother what your options are. You may contact me to discuss your case and get advice on timing, cost and procedures to re-apply for your green card.
Answer Applies to: California
Replied: 2/3/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
If you are under 21 and unmarried, your mother may petition for you.
Answer Applies to: Florida
Replied: 1/27/2011
Calderón Seguin PLC
Calderón Seguin PLC | Ofelia L. Calderon
This question is a complicated one that requires additional facts. Abandonment of permanent residence usually occurs once you have been out for more than a year. When you say you gave it up, do you mean you went to the U.S. Embassy and signed a document abandoning the status or do you mean you were simply out too long and now have been told that you lost your status? If you affirmatively abandoned, there is probably no possibility of getting that residence back. If you were simply out too long, I suppose you could try to come back in with the card and see what happens. If you are stopped at the airport, they may place you in removal proceedings and then you would need to prove that you never intended to abandon the residence in front of the Immigration Court in the U.S. A lot of this is going to depend on your current age, the age you were when you left, and what the circumstances of your departure were. As for getting a new one, well, that too depends on those same factors and possibly more.
Answer Applies to: Virginia
Replied: 1/27/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
What do you mean you had to "give it up." Did you officially abandon your Green Card by completing and signing and I-407? If not, you may still be able to return to the U.S.. Even if you did, you can still request to see an Immigration Judge to contest your abandonment. The issue will turn on how long have you resided outside of the U.S.and what evidence shows you did not intend to abandon your status.

If your status was abandoned, then you have to start the process all over to obtain a new Green Card status.
Answer Applies to: California
Replied: 1/27/2011
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