Immigration Law

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My card expired 3 years ago waiting answer on my

Customer Question
My green card expired...

My green card expired 3 years ago waiting for an answer on my citizenship, which i still have not gotten - what can i do?

Lawyer's Assistant: Thanks. Can you give me any more details about your issue?

I applied for my citizenship 5 years ago and they said they had to look into it and will get back to me. I passed the interview but they needed to check my dates of coming in and out. I left the country waiting on them and still waiting and now my green card has expired. Is there anything that can be done or is this over? I left the country because I got married and my husband leaves out of the country.

Submitted: 2 years ago.Category: Immigration Law
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Answered in 17 minutes by:
2/27/2016
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 2 years ago
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 30,054
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
Verified

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

Did you apply for a re-entry permit to be out of the US for more than one year?

Judith

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Customer reply replied 2 years ago
No, I did not. What is that?
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 2 years ago

A re-entry permit allows you to remain outside the US for up to two years without abandoning your permanent resident status. These re-entry permits can be renewed once for 2 years and after that for one additional year.

The law automatically revokes your status if you are not physically present in the US for more than one year.

Since you never stayed to follow-up on your naturalization application 5 years ago, you left the US as a permanent resident. You would not become a citizen until you were sworn in at an oath ceremony.

Unfortunately since you did not protect your permanent resident status while the naturalization petition was pending you abandoned your US permanent resident status by departing and remaining outside the US for the past 3 years.

The only way to get your status back is to try to apply for a SB-1 visa which is a returning resident visa for a permanent resident who intended to return to the US and who had some intervening exceptional circumstance occur which made it impossible for them to return.

See this link which explains the requirements and procedure

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

If you are denied the returning resident visa then you would have to be sponsored all over again for permanent resident status, just as you were initially.

A permanent resident status is meant for you to reside in the US and if you do not reside here it is taken from you.

You may file this form to find out what happened to your naturalization application

using this form. There is no fee to request a copy of your naturalization file which would include what action was taken on it in your absence.

Of course, I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ stars
In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith

https://www.uscis.gov/g-639

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Customer reply replied 2 years ago
what form should I file to know the status of my naturalization application?
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 2 years ago

I'm sorry I had meant to provide you that link to the G-639

https://www.uscis.gov/g-639

Of course, I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ stars
In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith

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Category: Immigration Law
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Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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