In our AskVisalaw.com section of the SIB, attorney Ari Sauer answers immigration law questions sent in by our readers. If you enjoy reading this section, we encourage you to visit Ari’s blog, The Immigration Answer Man, where he provides more answers to your immigration questions. You can also follow The Immigration Answer Man on Facebook and Twitter.
If you have a question on immigration matters, write [email protected]. We can’t answer every question, but if you ask a short question that can be answered concisely, we’ll consider it for publication. Remember, these questions are only intended to provide general information. You should consult with your own attorney before acting on information you see here.
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1.)QUESTION: I had a green card as a child. My green card got expired while I was abroad and I didn’t go to the US to renew it because I was in University and then I couldn’t travel back to the US for the next three years after finishing university because the laws of my home country required me to stay for an additional three years. Is it possible for me to renew my green card now after it expired 5 years ago?
ANSWER: US Permanent Residents should not take a trip outside the US of longer than a year without obtaining a Reentry Permit. Those with reentry permits should not remain outside the US beyond the expiration of the Reentry Permit. US Permanent Residents should not let their green cards expire while they are abroad. In any of these situations the Permanent Resident can be considered to have abandoned their residence. For a US Permanent Resident who has a valid green card but has stayed abroad over a year without a reentry permit or who has overstayed their reentry permit, it is possible to apply for reentry into the US as a permanent resident with the green card and proof that they have maintained the US as their permanent residence, including showing that the reason for the trip was temporary and that the overlong stay was due to unexpected reasons beyond the person’s control. An example of this would be someone who was planning to make a shorter stay but became too ill to travel back to the US. The longer the person has stayed outside, the harder it is to show this.
Where a permanent resident lets their green card while they are abroad (or lets both their green card and reentry permit expire) they would need to apply for a Returning Resident Visa (SB-1). This can be done at the US consular post abroad. The applicant will still need to show that they have not abandoned their US permanent residence as described above. If the consulate refuses the SB-1 visa, then they applicant would require a new nonimmigrant or immigrant visa to return to the US. Having previously been a US Permanent Resident does not benefit them in this.
So it is recommend that an experienced US immigration lawyer is consulted before applying for a Returning Resident (SB-1) visa, as an experienced attorney will be able to assist applicants in providing the best available documentation in support of their claim that they maintained their US residence, increasing the chances for an approval.
2.)QUESTION: My dad applied for an I-130 relative petition for me in 2013. After following up with USCIS, we just learned that it was approved in February of 2015. But we never received the approval notice. How can I get a copy of the approval notice for this I-130 petition?
ANSWER: You can request a duplicate Notice of Approval for your petition, as long as the petition is approved and it has has not since been revoked, using immigration Form I-824, which is available on the USCIS website. I will warn you that USCIS is currently taking a long time to adjudicate Forms I-824 requests. The form must be filed by the Petitioner for the petition, which is usually the sponsoring relative or the sponsoring employer (in your case, your father is the Petitioner). If the Form I-824 is filed by the foreign national beneficiary, USCIS probably will not issue the duplicate Approval Notice.
There is a filing fee for this application, so it might be best to have a consultation appointment with me or another experienced immigration attorney first, so that you can determine whether you actually need the duplicate approval notice or not.
When the I-130 approval notice is lost, it often happens because the petitioner (in this case your father), moved and did not update their address with USCIS. So it is important for Petitioners to remember to update their address with USCIS each time they move, throughout the entire process, even after the petition is approved. Updating your address is currently done by submitting an immigration Form AR-11, which can be completed and submitted online, on the USCIS website.
Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.