Legal Question in Immigration Law in California

If a Permanent resident tries to reenter the USA using his expired alien card, will he be turned back or allowed to enter the USA


Asked on 9/17/09, 6:48 pm

3 Answers from Attorneys

Charles Medina Law Office of Charles Medina

You should renew your green card before re-entering the US.

We suggest you to consult with an immigration attorney.

You may visit our website at www.medinalawgroup.net or contact us via [email protected]. Thank you.

The above reply is for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site does not create an attorney-client relationship.

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Answered on 9/17/09, 6:55 pm
Daniel Hanlon Hanlon Law Group, P.C.

Dear Inquirer:

I would not simply try and present yourself for admission to the US with an expired green card. If the green card expired and you have not been out of he US for more than one year, we may able to obtain a returning resident visa at the Embassy prior to your return to avoid any complications at the point of entry.

I recommend that you visit www.hanlonlawgroup.com or email [email protected] if you would like to schedule an appointment for a confidential consultation to discuss this matter further.

Regards,

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Answered on 9/17/09, 7:02 pm
Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

Prior to departure if an application for a replacement alien registration card is filed, then upon return the receipt may be shown with the old card for entry. If departure has occurred already, he might go to the U.S. Consulate abroad for assistance. If that's not done, entry with the old card might be effectuated and an application for a renewed card may be required at the airport on return or he could be requested to make that application after he is simply permitted to enter without making an application at the airport. If he is out of the U.S. for more than a year without having applied for a replacement card, then a special immigrant visa would be obtainable at a U.S. Consulate abroad. He would have to prove he had not given up his permanent residence. If that were to happen, he'd have to requalify all over again, if such opportunity continued to exist.

Feel free to contact me offline at [email protected].

Sincerely,

Alice Yardum-Hunter, Certified Specialist, Immigration & Nationality Law, State Bar of CA

Designated "Super Lawyer" 2004-2009, "Los Angeles Magazine"

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Answered on 9/17/09, 8:48 pm


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