Question:
I don't know if this question has ever been asked, but suppose you
live in the US (with your American spouse) as a green card holder for,
say, nine years but then you both move out of country. You then let
your green card expire. Now, say, after being out of the US for five
years, you decide you miss the US and want to go back to live. What
would US immigration say? Obviously, your green card has long since
expired but could you start the whole process of immigrating again or
would you be banned from immigrating?
Answer:
We just had an experience last week. My wife went to Canada on a
visit, crossed into canada and then was told her card was three years
out of date. She had a permanent resident card. After much sweating
during her trip, upon arrival, the customs officer let her cross back
with a reminder to renew it ASAP. She was only away 10 days and she
had a valid UK passport so nothing seemed out of order. They can do
whatever they want to you though, so it is a little scary! Trust me
the application is in the mail. You can then travel on the
confirmation notice. I would recommend you start the I- 90 renewal
form on line @ http://www.uscis.gov/graphics/fieldoffices/GreenCard.htm
and you can use the confirmation copy to travel (per them).
You abandoned residence. Your GC is not valid anymore. Visit your local US
embassy and ask them what to do.
Much has been written lately about intent. If you did not intend to
abandon your PR status, then you might still be considered a PR. Even
though your card has expired, it is very likely that your status has
not. There are at least three scenarios which might come into play. 1)
you claim to be a PR and are still considered a PR and have no
problems; 2) you claim to be a PR but are not considered a PR and you
have the right of appeal to an immigration judge who says you're still
a PR; 3) you claim to be a PR but are not considered a PR and you have
the right of appeal to an immigration judge who says you're no longer a
PR. In the case of 1 and 2, you're okay. In the case of 3, you can
start the PR process all over again. At any rate, unless there are
further issues about which you haven't written, you won't be banned
from immigrating again.
You can do it over again. Been there, done that for clients.
That is a different scenario, and usually plays out the way it did.
For the OP, being out of the country for over 1 year makes the GC invalid. I-90
etc. does not help.
The US citizen spouse can of course do the whole application again. Not a problem.
I agree, consult a competent immigration lawyer, and when you get your
green card renewed, I strongly advice you to apply for your
citizenship. This way you can go and comeback as you please without
worry.
While this may seem like good advice, he is probably not eligible to
file for citizenship since - regardless of the length of time he's had
his GC - he will likely not have met either the continuous residence or
physical presence tests.
