Legal Question in Immigration Law in Maryland

Reinstating green card from 20 years ago?

Hello,

My father was once a permanent resident back in the 70's for about 7 years, but he gave up the resident status when he moved back to Korea.

It has been more than 20 years, and we are trying to bring him back to the states. I am his daughter and am a citizen by birth, so I know that I can be his sponsor, but I was wondering if the process would be any faster or slower due to the fact that he was once a resident.


Asked on 5/27/09, 9:57 pm

2 Answers from Attorneys

Daniel Hanlon Hanlon Law Group, P.C.

Re: Reinstating green card from 20 years ago?

Dear Inquirer:

Your father abandoned his lawful permanent resident status ages ago. If you are over 21, you may petition him for a new green card. His previous status will not speed up teh process in any way.

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

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Answered on 5/28/09, 3:07 pm
Marc Seguinot Seguinot & Associates, P.C.

Re: Reinstating green card from 20 years ago?

The process will not be faster because he has been a resident; however, the process will be fast if you petition for him because he will be an "immediate" relative and not subject to the visa availability. So he is lucky there. You will file the I-130 on his behalf -- make sure you support the application with the required documentation. It will most likely be approved within two to three months. At that point, the USCIS will forward the petition to the National Visa Center which will prepare the initial package for you within 4 weeks; when you return it, then the National Visa Center will provide you with a package that must be completed by you and your dad. Return it to the National VIsa Center and within 4 to 6 weeks, the package and approved visa are on its way to the U.S. Embassy, I think, in Seoul. Your dad will be scheduled for an interview. The fact that he was granted lawful permanent residence once before may help him, but not likely. The fact that he abandoned it may also not be an issue. I have no doubt your dad may make it to the U.S. as a lawful permanent resident (again) by early Fall 09. He will being to count his time again and in five years he can apply for citizenship. Had he done that years ago, he wouldn't have had to worry about being away for 20 years! Please proceed carefully -- consular processing deals with the Department of State, and one error could create a problem. Good luck to you!

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Answered on 5/27/09, 11:54 pm


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