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Can an abandoned green card be re-instated?

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  • 27-06-2011 1:17pm
    #1
    delama
    Registered Users Posts: 66 ✭✭


    Hi all,

    My husband won the lottery years ago and received a green card. He worked there for a few years, and then came back to ireland in about 1991, and since then has not filed taxes etc in the states. I think this classifies him as abandoning his green card.

    Does anyone know if this can be re-instated? He still has his social security number. We were not married at the time, but we would love to move over with the kids once I finish college.

    Has anyone done this, or know anything about the process? I've checked the uscis website, but there doesn't seem to be anything about this type of scenario.

    thanks in advance!


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    #2
    Ruu_Old
    Closed Accounts Posts: 36,634 ✭✭✭✭Ruu_Old


    Very much doubt it, he will have to go through the process again.


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    #3
    silja
    Registered Users Posts: 2,921 ✭✭✭silja


    There is the SB-1 returning residence visa, but you need to have good reasons to stay abroad, and I doubt it will work for a twenty year absence, wit no taxes filed. More info here: http://travel.state.gov/visa/immigrants/info/info_1333.html So I think your best option is to start applying for the DV lottery again.


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    #4
    delama
    Registered Users Posts: 66 ✭✭delama


    thanks for the responses.

    do you think it will affect him getting a visa in the future, either thru the lottery, or by sponsorship from work?


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    #5
    silja
    Registered Users Posts: 2,921 ✭✭✭silja


    No, there should be no effect.


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    #6
    busman
    Registered Users Posts: 306 ✭✭busman


    delama wrote: »
    thanks for the responses.

    do you think it will affect him getting a visa in the future, either thru the lottery, or by sponsorship from work?

    No it will not have any affect. Same thing happened to me. Returned in 2001 to Ireland. Married US girl in 2007, just moved to US again on IR1 visa.
    What did happen two years ago was immigration at Shannon pulled me aside when we were visiting her family and made me fill in a I-407 Abandonment of Lawful Permanent Resident Status.


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    #7
    InTheTrees
    Registered Users Posts: 9,900 ✭✭✭InTheTrees


    busman wrote: »
    What did happen two years ago was immigration at Shannon pulled me aside when we were visiting her family and made me fill in a I-407 Abandonment of Lawful Permanent Resident Status.

    Thats interesting. I thought if you went over a year outside the US, the green card was automatically voided.


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    #8
    lonestargirl
    Registered Users Posts: 1,501 ✭✭✭lonestargirl


    InTheTrees wrote: »
    Thats interesting. I thought if you went over a year outside the US, the green card was automatically voided.

    Nope, it depends on the circumstances. Spending time studying abroad would be a good reason to be outside more than a year. Obviously filing taxes etc demonstrate that you intend to stay in the US.


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