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  1. #1
    Join Date
    Aug 2005
    Location
    netherlands
    Posts
    2

    Default Out of Status Green Card Holder

    I really need some advice,I have a green card and am out of status due to circumstances beyond my control,I want to come back to US I fled the country in 89 for an ex-fiancee who slammed me into hospital for 2 weeks and stalked me after despite restraining order,I have been back to US every year but didnt know I had to get re-entry, got my card in 80 has no expiration date,stupid, I know! Ex has been in jail for 15 yrs for aggravated assault on me and some other people.How do I get back *in status* do I have any possibilities???

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Possibly Expired Green Card

    Green cards issued between 1979 and 1988 did not have expiration dates and thus, at least at present, do not need to be renewed. See the USCIS website:
    Quote Quoting USCIS
    Q. Do I need to renew my Green Card if it was issued between 1979 and 1988 and does not have an expiration date?

    A. No. Green Cards issued between 1979 and 1988 do not have expiration dates and do not need to be renewed at this time. INS will develop an orderly plan for replacing these cards at a future time. (Note: If you obtained your Green Card before your 14th birthday and are now over 14, and your Green Card does not have an expiration date on it, you will still need to get a new card. You will need to go to your local INS District or Sub-Office—not an Application Support Center—and File a Form I-90, “Application to Replace Permanent Resident Card.” However, you will not need to pay the $130 application fee. You will only need to pay the $50 fingerprinting fee.)
    (Please also take note of the notice within that document that the USCIS intends to develop a future plan for the replacement of green cards issued during that period.)

    Even if your green card were expired.... Starting six months from the expiration date of a green card, you may file a Form I-90 "Application to Replace a Permanent Resident Card". Permanent residence status is not affected by the expiration of a green card, but there can be legal complications if you are in the U.S. or attempt to obtain employment without valid evidence of your status.

  3. #3
    Join Date
    Aug 2005
    Location
    netherlands
    Posts
    2

    Default out of status

    thanx for the quick answer, I know my card is still valid but DHS says I'm out of status . my card is good, my ssn is good, but its because I have been over here (netherlands) I have been in the US almost every year and didnt file a re-entry form, I didnt know I had to do that, if I knew I most certainly would have, no-one ever told me I had to If they did , it was in 80 .I left in a panic in 89,at that time never thought to ask,but they can see I've been over by the I-94 form you fill in in the plane ?so how do I become *In status*??

  4. #4
    Join Date
    Aug 2005
    Location
    NY
    Posts
    163

    Default

    If you are a lawful permanent resident and you are unable to return to the United States within the validity period of a Permanent Resident Card (one year), or a Reentry Permit (two years), you may apply to the nearest U.S. consular office for a special immigrant Returning Resident (SB-1) visa. To qualify for this status, you must show that:

    You were a lawful permanent resident when you departed the United States;

    When you departed, you intended to return to the United States and you have maintained this intent;

    You are returning from a temporary visit abroad and, if the stay was protracted, that it was caused by reasons beyond your control and for which you were not responsible; and

    You are eligible for the immigrant visa in all other respects.

    However, it depends on the frequency of your visits to the U.S., the reasons for living abroad.

    Best regards,

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