How can my brother come back to US if his green card has already expired while his out of the country? 6 Answers as of July 29, 2013

My brother's green card expired last year while he was abroad. He is a permanent resident since 1988. He had a heart attack and had surgery in Singapore. He was unable to Travel and found out his green card had expired. He went to the embassy and they said that he needs to get an Immigration Attorney to help him. He wants to come back.

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Law Office of Adebola Asekun | Adebola O. Asekun
Expiry of the date on a person's green card is not the same as the expiry or loss of one's status as a green card holder in much the same way that expiry of the date on a US passport does not denote loss of US citizenship. There are a number of instances when a person might lose his/her green card status such as when an immigration judge "IJ" enters an administratively final order of removal or when the person has been physically outside the US for a continuous 365 day period. You did not state how long your brother has been away. If he has spent 365 days or more from the US, then, he may be deemed r than 365 days, he may be deemed to have lost his green card as a matter of law. Despite this, your brother is eligible to retain his green card upon showing that he did not intend to abandon his LPR status and that exceptional circumstances beyond his control prevented him from coming back to the US in time . I believe a well documented evidence of his unfortunate medical situation is such an exceptional circumstances that will be the basis for him to apply for a waiver under s.211(b) INA; 8 USC s.1181(b). This way may be applied for before an immigration judge and after DHS has paroled him into the US and charged him into proceedings under s.212(a)(7)(A) (arriving alien without proper documentation). You will need to hire an experienced immigration attorney for your brother's case
Answer Applies to: New York
Replied: 7/29/2013
Christian Schmidt, Attorney at Law
Christian Schmidt, Attorney at Law | Christian Schmidt
He may apply for a returning resident (SB-1) visa depending on the length of his absence and the circumstances that prevented him from returning.
Answer Applies to: California
Replied: 7/25/2013
The Law Office Kevin L. Dixler
The Law Office Kevin L. Dixler | Kevin Lawrence Dixler
This can take a while. More information is needed. Is he married to a U.S. Citizen? Does he have any U.S. Citizen children 21 years old or over. I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney.
Answer Applies to: Illinois
Replied: 7/25/2013
Law Office of Bill Travis Klein
Law Office of Bill Travis Klein | Bill T. Klein
He can come back into the country with his green card but whether he will be admitted into the U.S. depends on how he responds to questions and the documents he will provide. You and your brother need to consult with an Immigration Attorney as soon as possible so the attorney can help you prepare the necessary legal paper work to have your brother admitted back into the U.S. The longer you wait the harder it will be to fix the problem.
Answer Applies to: California
Replied: 7/25/2013
Havens & Lichtenberg PLLC
Havens & Lichtenberg PLLC | Michael Lichtenberg
The embassy gave your brother a good advice: if he wants to get back a U.S. permanent residency, he does need an immigration attorney.
Answer Applies to: New York
Replied: 7/25/2013
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    It depends upon how long he was out of the country. He may be able to renew his green card and then travel. However, he can still have issues at the airport. I would advise you to schedule a consultation with an experienced immigration attorney.
    Answer Applies to: New York
    Replied: 7/25/2013
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