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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 108030
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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My name is ***** ***** I am Canadian Citizen and I am holding

Customer Question

Hi my name is ***** ***** I am Canadian Citizen and I am holding US Green Card since 2015. I am doing Job in Middle East and moved to Dubai after Landing and getting Green Card. Since one and half year I have not been to Us again since I have lost my Green Card and Social Security Card.
JA: The Immigration Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: Question: Is it advisable to surrender my Green Crad or I can apply for replacement of Green Card from Dubai without visiting USA.
JA: Is there anything else the Immigration Lawyer should be aware of?
Customer: No
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Immigration Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Immigration Law
Customer: replied 1 year ago.
I have not received my response will i receive it at***@******.***
Expert:  Guillermo J. Senmartin, Esq. replied 1 year 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.

My apologies for the delay. It doesn't look like anyone was on at 3am when you posted. Anyway, did you apply for a Re-Entry Permit before you left the U.S.? Did you have an emergency reason as to why you stayed out longer than a year to prevent abandonment of Residency? How did you obtain your U.S. Lawful Permanent Residency?

Customer: replied 1 year ago.
Dear Sanmartin. Thanks for your response.
Answers to your questions are:(1) I and my family members my wife and 3 kids we did not apply for Re Entry permit before we left Houston USA. We went to Toronto from Houston on Canadian Passport.
(2) My 2 sons are studying in McMaster University in Canada - one of them had two more year left in Engg (completed in April 2016) 2nd one is in Health science in 3rd Year . 3rd son has completed in 2016 MBBS from RCSI - Bahrain. Myself and my wife came to Saudi Arabia since I have my Job in Saudi Arabia.
(3) I have lost/misplaced me and my family Green Card and Social Security Card during shifting of our house.
(4) My Younger Brother is US citizen and he applied for Immigrant Visa for US.
QUESTION: Since I have lost Green Card for me and my family how can we enter USA ? Can we get Green Card re issued from Saudi Arabia or Canada without going to USA for biometric finger printing. is better for all of US to surrender/abon***** ***** Card.
waiting for your reply.
Best Regards
Mikail K Ali.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Well, it doesn't sound like you had an emergency reason for leaving the U.S. or for staying out so long. Anyone that is a Lawful Permanent Resident (LPR) and is outside of the U.S. for 180 days or more within any 12 month period (not necessarily calendar year) creates a rebuttable presumption of abandonment of residency. That presumption can be rebutted by evidence to the contrary such as filing U.S. taxes, maintaining a home in the U.S. and paying that mortgage or rent, maintaining a U.S. drivers license, U.S. bank accounts with significant movement, etc.

Someone that has been outside of the U.S. for more than 1 year without first having an approved re-entry permit has abandoned their residency and only in very few exceptions (such as serious illness) can they get it back.

Here is an official link:

http://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence

You could try for an SB-1 Returning Resident visa, but I am not sure that you would be able to get an approval because of the reasons that you left the U.S. and stayed out. Here is a link if you still want to try:

https://travel.state.gov/content/visas/en/immigrate/returning-residents.html

If you fail with the SB-1, then it may be better to officially file an I-407 to abandon the current green card and wait for the process through your brother. I am truly sorry.

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. If you do not see any stars or smiley faces, please at least leave a THANK YOU for me so I can let the administrators know. Your question thread does NOT close, so you can ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.

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

Hello Mikail. 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 1 year ago.

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

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

Thank you for your kindness and respect. Good luck to you.

Customer: replied 1 year ago.
Dear Senmartin. Thanks for the reply.
I HAVE BEEN CHARGED TWICE 38 US $ ON MY CREDIT CARD. PLS VERIFY AND RETURN 38 US $ CHARGED SECOND TIME TO MY ACCOUNT.
Best Regards
Mikail
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Well, here is the problem, you posted TWO question threads and TWO different experts responded. Here is a link to the other thread:

http://professional.justanswer.com/chat/index/840bd5f97c7f4610b89d3a254114122b

Neither time, not on that question thread and not on this question thread did you leave a positive rating. This means that neither myself nor the other expert got compensated for our time and our effort. If you would be so kind as to leave a positive rating for the answer or answers that you found most useful, I can ask the administrators to refund the other question thread for you. Does that sound fair?

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

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

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

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

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