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  1. #1
    Join Date
    Sep 2013
    Posts
    1

    Default Reinstatement of Lapsed Green Card

    I am a Canadian citizen who lived in the U.S. from 1989-1996 on a green card. My mother was born in the U.S. and is still a U.S. citizen. My father (divorced) is a naturalized U.S. citizen. My wife is a Canadian citizen, and our daughter is a U.S. citizen, studying in NY. She was born in Orlando in 1994.

    My wife and I would like to return to live in the U.S. and I would like to reactivate my green card status. I understand that a 1+ year absence amounts to relinquishment, requiring me to reapply. Given the family configuration described above, what would my easiest, quickest method of application be? Thank you.

  2. #2
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: Reinstatement of Lapsed Green Card

    Your green card has been abandoned so long ago and cannot be "reactivated". You are just going to have to reapply.

    Since you were not given citizenship as the child of a born USC upon your birth, I assume that you were not eligible by her residency requirements.

    Since your daughter is not yet 21 and cannot apply for you yet, your parents need to apply for you as a married child. However, waiting for your daughter to apply after her 21st birthday is likely to be a faster route. Look at the Visa Bulletin to calculate expected dates. I guesstimate it will be about 3 years based on your daughter's birth year and processing time if you go that route.

    However, I suggest that you consult an immigration attorney to investigate paths through your parents status at the time of your birth. Dates are very important.

    Some guest worker visas visas are dual intent so that you can be in the US until the priority date is current. Look at the USCIS website for information on the various programs and their restrictions and requirements.

    PS. US immigration is neither quick or easy. If you can afford it, a consultation with an attorney is the best place to start.

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