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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 95498
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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i lost my green card issued in 12/06/1973, also i have not

Customer Question

i lost my green card issued in 12/06/1973, also i have not being a resident in the usa since 1976, finnaly i do not remember the green card number, can get it renewed?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Hello and thank you for using our service. My name isXXXXX and I am a licensed attorney and will try my best to help you. I just ask for two things: 1) Before you sign off, please remember to rate me positively as that is the only way that I am paid and your question does not close after you rate me so I can still answer additional questions without additional charge if you have follow-ups even weeks or months later; and, 2) IF I have bad news for you, please remember I am only the messenger. When you rate me, it is my service to you that you rate, not whether the news is good or bad. I will try my best to give you a solution, but sometimes the law does not have a good one.



When was the last time that you left the U.S.? How long have you been outside of the U.S. without coming back?


And how did you get your original Residency?
Customer: replied 1 year ago.

1) have entered the usa as a resident since i left in 1976, I have entered the usa as a tourist a few times over the years.


 


2) I got it thru my Father an american citizen.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
I fear that you have abandoned your Residency. They call it Residency because you are supposed to be residing in the U.S. to maintain it. When was the last time that you entered the U.S.?
Customer: replied 1 year ago.


I'm here in the usa right now as a tourist but i'm leaving tomorrow.


I have not returned with my green card because i lost it, now i need


to spend more time in the usa and would like renew my green card


but i don't have thegreen number

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Oh, so you mean you used a B-2 tourist visa to enter the U.S.? That's very bad that you did that. That basically means that you admitted to them that you abandoned your Residency status. So you used a B-2 to enter? How much time do you need to spend in the U.S.?
Customer: replied 1 year ago.


yes but is there any way i can just file to renew my green card or can my brother or sister request it for me

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Well, unfortunately, you abandoned your green card a long time ago and you do not get any special points or benefits because you had one before. You cannot request to renew it or reinstate it. Your U.S. Citizen father can apply for you to get a NEW one or your U.S. Citizen brother or sister can petition for you to get a NEW one, but you basically would have to go to the back of the line and wait for a new one and through your father it will take about 7 years or so, more if you are married, and through your brother or sister, it will take about 11 years or so. As I said, it is a waiting line of people that have applied before you and nothing in the law allows for you to jump ahead of anyone else, not even in an emergency and not even because you had a green card before. I am truly sorry.

If you want to extend your time in the U.S., you can file an I-539 which can be found here:

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=94d12c1a6855d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

You would have to explain the following:

1) How much time do you need?

2) Why do you need you so much time?

3) Why you couldn't do what you needed to do during the first 6 months that you had?

4) How will you be supporting yourself for this additional time since you are not allowed to work?

5) What STRONG ties do you have to your home country to ensure that you will go back?

6) What preparations have you made to go back?

Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just go to http://www.justanswer.com/law/expert-guillermosenmartin/. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

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