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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105681
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Is it possible to use greencard issued to me as a child but

Customer Question

Is it possible to use greencard issued to me as a child but my parents moved back to ireland and after my studies in Ireland I would like to move to the US for work, thank you
Submitted: 9 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 9 months ago.

Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

Does the green card have an expiration date? What is it? You have continued to live in the U.S. or you left the U.S. and have lived outside longer than a year without a Re-Entry Permit?

Customer: replied 9 months ago.
Hi Guillermo, I dont have the green card with me at work, my son was issued a GC as a baby but we moved back to ireland so to be honest we did him a huge injustice and now he would like to go to US to work after finishing his studies in Ireland, I guess what I am asking can he re apply as this was through no fault of his!
Expert:  Guillermo J. Senmartin, Esq. replied 9 months ago.

Unfortunately, no. He cannot. It is considered an abandonment of Lawful Permanent Residency when one is outside of the U.S. for more than a year without permission to do so. Even with that permission (a Re-Entry Permit), that permit would only allow a person to be outside for up to two years. I understand that it was not his fault, but the U.S. immigration law does not make such a distinction. So as far as reactivating or renewing the old green card, that's not going to be able to happen unless he was only out for a year or maybe two and there was an urgent/emergency reason why he could not come back to the U.S. He can, however, apply for a new U.S. Lawful Permanent Residency if he has the eligibility to do so, like being married to a U.S. Citizen. It would be a totally new green card not related to his former green card.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. You can even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.

Customer: replied 9 months ago.
Just one more thing, my daughter is a US citizen would/could she claim her brother, she does not live in the US until she finishes her medical studies in Ireland!
Expert:  Guillermo J. Senmartin, Esq. replied 9 months ago.

Two problems. One, she doesn't live in the U.S., though she could immigrate with him or before him. But the bigger problem is that it takes about 10 to 12 years for such a petition to be usable. This is because in that category of sibling to sibling, too many people have applied and it has created a waiting line about a decade long and nothing in the law allows for anyone in line to jump ahead of anyone else, not even in an emergency. I am truly sorry.

Let me know if you need anything else, but please do not forget to rate me positively. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 9 months ago.

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

Expert:  Guillermo J. Senmartin, Esq. replied 9 months ago.

Thank you for your kindness and respect, Bernadette. I wish you good luck.

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