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Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 102584
Experience:  Private practice in several areas, including immigration
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I have a situation, I hold a US card which says valid till

Customer Question

I have a situation, I hold a US green card which says valid till 2018 but I haven't entered into US since Nov 2011. Also I didn't applied for reentry permit, right now I am in Toronto on visitor visa and I want to see if your firm can help me get back to states
JA: What is your official status? Do you have any pending applications or petitions with USCIS?
Customer: as mentioned, I have a US green card but haven't entered into States since 2011
JA: Has anything been filed or reported?
Customer: what do you mean by filed? sorry can you eloborate
JA: Anything else you want the lawyer to know before I connect you?
Customer: Nope that is it
Submitted: 1 year ago.
Category: Immigration Law
Customer: replied 1 year ago.
FYI, I got green card by family immigration in October 2010 and I came US in the same month and the last time I was in US was in Nov 2011. I think I have also filed one Income Tax Return with IRS
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

1) What country or countries did you live in since 2011?

2) What is the reason why you were not able to enter USA before now?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 1 year ago.
1) I lived in my home country India since 2011
2) The honest reason I didn't entered into US is I had a verbal agreement with my business partner in India that I would not leave India for more than 10 days and recently on June 30th, we dissolved the company due to some disputes between the partner.
Expert:  Ely replied 1 year ago.

Thank you. On this website, I do not always get to give good news, and this is one of these times.

If you live outside USA for 6 months to a year, you may have the greencard voided upon attempt to reenter, if you cannot show ties to USA such as an address in USA, bank account, school/work, etc.

Anything over a year, and the voidance is almost guaranteed. If you have been out since 2011, your greencard is now likely void and reentry would be denied. The only option is to attempt to file an SB-1 application, asking to be let back in. See HERE. However you'd have to show that you were out if the USA due to circumstances beyond your control.

If this is no successful (or if you decide it is not likely going to be), then the greencard process has to be filed form the beginning for you.

Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Customer: replied 1 year ago.
Hi Ely,
Thanks for responding, though I am aware of SB1 and I was expecting something else if there is any. Though what happens if I enter into US from Niagra falls border? will they take my greencard? If they say your card is not valid, can I say No to them saying I do not want to surrender my green card
Expert:  Ely replied 1 year ago.

There is nothing else. If you attempt to enter via Canada, then if you have Canadian citizenship, you will get an automatic visitor visa, although you may be warned not to overstay given your past voided greencard.

Yes, they may physically take the greencard. However, that is a minor matter - lawful permanent residence is a STATUS - a greencard is simply a document. So even if they do not that your greencard, it can still be invalid because it is your STATUS which controls.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.