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Ely
Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 3803
Experience:  Private practice in several areas, including immigration
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I am a permant resident in the states but living here in

Customer Question

hello. i am a permant resident in the states but living here in london now for too long because my purse got stolen and lost my greencard because of it. have policereport tried to contact and report it to us embassy and immigration in the states. since then i am stucked here. this week i had a emergency with my one daughter in the states and i couldnt be there for her. what can i do to reenter the states again so i can replace my card can i get a re entry permit?
JA: Have you filed any paperwork with the USCIS (U.S. Citizenship and Immigration Services) yet?
Customer: no not yet was searching of what i can do
JA: Have you talked to a lawyer yet?
Customer: no and i cant afford one
JA: Anything else you want the lawyer to know before I connect you?
Customer: that i am a permant resident in the states for 20 years now but cant reenter now because my card got stolen
Submitted: 10 days ago.
Category: Immigration Law
Expert:  Judith replied 10 days ago.

Hello my name is ***** ***** I am delighted to answer your questions. I am reviewing it and will post your answer momentarily.

Customer: replied 10 days ago.
thank you
Expert:  Judith replied 10 days ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

If you have been outside the US for more than one year you need to apply for a SB-1 returning resident's visa.

If you have been there for less than one year you can get a transportation foil at the US embassy which will allow you to board a flight.

How long have you been outside the US.

Judith

Customer: replied 10 days ago.
3 years
Expert:  Judith replied 10 days ago.

Oh dear, you really will have a very hard time now getting a returning resident visa. You must qualify and provide the evidence required:

Qualifying for Returning Resident Status

Under provisions of immigration law, to qualify for returning resident status, you will need to prove to the Consular Officer that you:

  • Had the status of a lawful permanent resident at the time of departure from the United States;
  • Departed from the United States with the intention of returning and have not abandoned this intention; and
  • Are returning to the United States from a temporary visit abroad and, if the stay abroad was protracted, this was caused by reasons beyond your control and for which you were not responsible.
  • You must also submit supporting documents that show the following:

  • Dates of travel outside of the United States (Examples: airline tickets, passport stamps, etc.)
  • Proof of your ties to the United States and your intention to return (Examples: tax returns, and evidence of economic, family, and social ties to the United States)
  • Proof that your protracted stay outside of the United States was for reasons beyond your control (Examples: medical incapacitation, employment with a U.S. company, etc.)

https://travel.state.gov/content/visas/en/immigrate/returning-residents.html#2

If you cannot provide the evidence of your ties to the US and proof of the extraordinary circumstances that kept you from returning you will need to be sponsored all over again.

I am eager to make this a positive experience for you. Please ask follow-up questions if my answer is not clear.
I hope that I have provided excellent service and, if so, would love a 5 star rating. If not, please let me know how I can further assist you. In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.
Judith

Customer: replied 10 days ago.
can i apply to replace my card and renew it from here in england. or i need to be in the states to do that
Customer: replied 10 days ago.
also my kids are all american citizen as well
Expert:  Judith replied 10 days ago.

You can get a transportation foil to return to the US from the US Embassy but because you have been gone 3 years they would not give that to you.

Once you have been gone more than one year you have to get the SB1 returning resident visa. I gave your the requirements in my answer above for that visa.

You cannot replace or renew a card in UK.

The Embassy has to give you a document to come back here to do that.

Even if you had not lost your card, when you got to the US and they saw you were gone 3 years they would not allow you to enter as a permanent resident because you abandoned that after one year outside the country.

Experts are not paid a salary and we support our families providing customers with low cost answers to their immigration legal questions. If you do not rate an answer by taking a moment to click on the 5 stars we earn nothing. Everyone likes to believe their time has some value. I have given you an honest, detailed professional answer that may not be to your likeing but ethically I must be truthful with you.
Judith

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