green card expiry if you don't travel to the US...

igores07 · Post by **igores07** » Thu Aug 16, 2007 8:38 am

Hi all,

My grandparents are green card holders but due to my grandfather's illness they haven't been able to travel to the US since 4 years ago, I would like to know whether they are gonna lose their green card if they can't convince the immigration officer at the port of entry.

Thank you in advance,

igores

SYH · Post by **SYH** » Thu Aug 16, 2007 9:02 am

my understanding is that they must touch base with the usa once a year
four years is out of the question

igores07 · Post by **igores07** » Thu Aug 16, 2007 9:25 am

thank you for your reply,

BTW, isn't there a chance of appealing or anything that would help them get back their green cards?

SYH wrote:my understanding is that they must touch base with the usa once a year
four years is out of the question

Post by **Administrator** » Thu Aug 16, 2007 10:01 am

.

There might be. Given a grave illness, immigration may be willing to take it under consideration.

However, the real problem is that if someone just vanishes for an extended time, the visas are usually automatically canceled. It is unlikely the visas are valid .. meaning the entire process must begin again.

A green card is a bit special/unusual ... so I am not certain.

The difficulty you face is that under the conditions of being issued the visas, you are required to communicate with the issuing government BEFOREHAND and tell them why you must be out of country for an extended time.

If some emergency comes up, it is the visa holders responsibility to contact the issuing government as soon as reasonably possibly and document as to why they cannot be in country.

Four years is a very long time to make a case you could not contact the government somehow and make arrangements.

Therefore, I'd say the chances are about zero.

It can't hurt to ask at the U.S. consulate/embassy and get advice. But, be prepared to answer very pointed questions as to why no effort was made before now.

And, you'll want to have substantial documentation to back your story up.

Given your specific case, you may have some basis to apply for re-instating the visas. MAY. I have my personal doubts. I don't think U.S. law allows for it after such a long time.

Even if immigration wants to help you, the law may not allow it.

Good luck!

the Admin

Marco 72 · Post by **Marco 72** » Thu Aug 16, 2007 2:17 pm

SYH wrote:my understanding is that they must touch base with the usa once a year
four years is out of the question

This is not true. If there was intention to return but there were compelling reason why one could not go back (e.g. illness) then it is possible to return. The best thing to do would be to contact the local US embassy or consulate. They have a form (I don't remember the name) which you can use to argue that you never abandoned PR. There is a non refundable fee for the application.

igores07 · Post by **igores07** » Thu Aug 16, 2007 2:18 pm

thank you admin for your detailed info!

Administrator wrote:.

There might be. Given a grave illness, immigration may be willing to take it under consideration.

However, the real problem is that if someone just vanishes for an extended time, the visas are usually automatically canceled. It is unlikely the visas are valid .. meaning the entire process must begin again.

A green card is a bit special/unusual ... so I am not certain.

The difficulty you face is that under the conditions of being issued the visas, you are required to communicate with the issuing government BEFOREHAND and tell them why you must be out of country for an extended time.

If some emergency comes up, it is the visa holders responsibility to contact the issuing government as soon as reasonably possibly and document as to why they cannot be in country.

Four years is a very long time to make a case you could not contact the government somehow and make arrangements.

Therefore, I'd say the chances are about zero.

It can't hurt to ask at the U.S. consulate/embassy and get advice. But, be prepared to answer very pointed questions as to why no effort was made before now.

And, you'll want to have substantial documentation to back your story up.

Given your specific case, you may have some basis to apply for re-instating the visas. MAY. I have my personal doubts. I don't think U.S. law allows for it after such a long time.

Even if immigration wants to help you, the law may not allow it.

Good luck!

the Admin

SYH · Post by **SYH** » Thu Aug 16, 2007 9:42 pm

Marco 72 wrote:
SYH wrote:my understanding is that they must touch base with the usa once a year
four years is out of the question
This is not true. If there was intention to return but there were compelling reason why one could not go back (e.g. illness) then it is possible to return. The best thing to do would be to contact the local US embassy or consulate. They have a form (I don't remember the name) which you can use to argue that you never abandoned PR. There is a non refundable fee for the application.

Yes it is true
I gave the rule and you gave the exception and the OP gave a time frame of 4 years so from my point of view in light of the normal method to maintain the green card, he is far out of bounds even with his excuse

Marco 72 · Post by **Marco 72** » Fri Aug 17, 2007 3:24 pm

SYH wrote:Yes it is true
I gave the rule and you gave the exception and the OP gave a time frame of 4 years so from my point of view in light of the normal method to maintain the green card, he is far out of bounds even with his excuse

It depends on why he was away from the US for so long. If there were compelling medical or other reasons, for example (or in general caused by reasons beyond his control for which he was not responsible) he can apply for a Returning Resident Visa by filing DS-117, together with evidence to document the claims:

http://www.state.gov/documents/organization/79962.pdf

See also here for an explanation and instructions:

http://london.usembassy.org.uk/cons_new ... ident.html

SYH · Post by **SYH** » Fri Aug 17, 2007 4:47 pm

Marco 72 wrote:
SYH wrote:Yes it is true
I gave the rule and you gave the exception and the OP gave a time frame of 4 years so from my point of view in light of the normal method to maintain the green card, he is far out of bounds even with his excuse
It depends on why he was away from the US for so long. If there were compelling medical or other reasons, for example (or in general caused by reasons beyond his control for which he was not responsible) he can apply for a Returning Resident Visa by filing DS-117, together with evidence to document the claims:

http://www.state.gov/documents/organization/79962.pdf

See also here for an explanation and instructions:
It would have to be real compelling to not inform them for 4 years!!!
http://london.usembassy.org.uk/cons_new ... ident.html

Marco 72 · Post by **Marco 72** » Fri Aug 17, 2007 9:57 pm

SYH wrote:It would have to be real compelling to not inform them for 4 years!!!

I agree with that.

Marco 72 · Post by **Marco 72** » Sun Aug 19, 2007 10:17 am

Marco 72 wrote:
SYH wrote:It would have to be real compelling to not inform them for 4 years!!!
I agree with that.

Correction: it would have to be real compelling for him not to return for four years. I am not sure if informing the US consulate at any stage would have made much difference.

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green card expiry if you don't travel to the US...

green card expiry if you don't travel to the US...