Legal Question in Immigration Law in California

Re-entry w/ Green Card after living abroad for 11 years

My brother has a green card since 1989 but has not lived in the US at all. He wants to attend my wedding in June. We would like to know:

1) What is the best way for him to re-enter the US just for my wedding.

2) Will it be feasible for him to apply for a tourist visa from where he resides (in Hong Kong)?

3) He doesn't mind abandoning his green card. We expect the immigration officer will take his green card if he shows up at a US airport. But will the immigration officer deport him immediately? Or will they be kind enough to let him stay for a few weeks?


Asked on 3/29/04, 11:07 pm

2 Answers from Attorneys
Myron Morales Lee Lane Smith LLP

Re: Re-entry w/ Green Card after living abroad for 11 years

Since he has been absent from the U.S. for more than one year, he cannot reenter as a permanent residence. After one year, there is a presumption that he has abandoned the status. He would likely be turned around at the port of entry and sent back. He should apply for a visitor's visa.

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Answered on 3/30/04, 8:27 am
Neena Bohra Law Offices of Neena Bohra

Re: Re-entry w/ Green Card after living abroad for 11 years

He should not attempt to enter the US with his "greencard" as it has been abandoned. His best bet is to apply for a B-2 visa (which is a visitor visa) to enter the US.

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Answered on 3/30/04, 1:01 pm


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