General Question

tan235's avatar

Does anyone know about renewal of expired Green Cards for USA?

Asked by tan235 (877points) March 31st, 2011

Hi there,
my girlfriend marrie an American – got a Green Card but it expired and she didn’t go back for 3 years, however she has been back for forward since then – she thought that her Green card was terminated so didn’t bother getting it renewed.
However, because you have/had one doesn’t that mean you always will be able to get it again – eg : if she were to reapply?

I hope this makes sense?
Thanks

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7 Answers

Seaofclouds's avatar

I’m not sure exactly how she would apply, but she would need to apply either for a new Green Card or to renew her old one (I’m not sure if she can apply to renew an expired one or not). I think it also depends which actual process she went through to get a Green Card when she got it. Applications for renewal can be denied, so it doesn’t sound like she is guaranteed to get another Green Card. It would be best for her to contact someone at USCIS and explain her exact situation to them so they can tell her exactly what she needs to do.

theninth's avatar

Where’s your girlfriend living now?

Was it just the conditional greencard, or was it the 10-year card that expired?

Is she still married?

cliofaye's avatar

i can ask my cuban

JLeslie's avatar

@cliofaye Cubans have a different situation, they are here under asylum.

@tan235 I am pretty sure she has to start from scratch, although it might be easier since there is already a file on her.

Here is the government website for immigration, but I could not find the answer on there, maybe you will have better luck. If you deide to call them I have a helpful hint that getting through the various prompts led me to frustration in the past. If you just sit on the phone like you have an old dial phone you will get a Spanish speaking person, but they all speak English.

theninth's avatar

If the OP’s girlfriend is no longer living with her spouse and only had a conditional green card, or if the girlfriend has left the US, there’s a very high chance that she will be denied another visa. She may be able to visit the US, but becoming a permanent resident highly unlikely.

If she had her 10-year card, there’s more of a chance she’d be allowed to reapply and appeal.

JLeslie's avatar

@theninth I was thinking though even with the ten year I think you have to reenter the US every 6 months, except for medical reasons (unless that has changed) so to actually be expired for a few years, living outside the US, I can’t see being reissued a card easily. Maybe if she is from a country that does not have a lot of people applying. There are still quotas for green cards if I am not mistaken.

theninth's avatar

My bad—I meant if she had her 10-year card and it lapsed and she was still in the US. Re-entry after expiration, even of a 10-year card, kind of depends on how long you’ve lived outside the US, the country your’re coming from, and the circumstances.

If the girlfriend married a citizen and then left him before getting the permanent residency card, there’s essentially no chance they’ll allow her to renew (and they’d deny any future fiancee visa applications). If that’s the case and she’s currently living outside the US, they probably won’t let her back in. If she IS in the US still, there’s a high probability of deportation.

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