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Ely
Ely, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 100053
Experience:  US immigration attorney licensed in state and federal court.
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We have green cards USA which expired in 2013. We

Customer Question

We have green cards for the USA which expired in 2013. We have been out of the country for 10 years and had to leave due to my ill health and my grandmothers ill health (I am the only Living relative), can I reapply for a new green card to return to the usa
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note:
(A) This is general information and is not legal advice. No specific course of action is proposed herein. No attorney-client relationship or privilege is formed by speaking to an expert on this site. This is repeated in numerous disclaimers throughout the site. By continuing, you confirm that you understand and agree to these terms; and (B) there may be a slight delay between your follow ups and my reply while I am typing out my answer.
I am sorry to hear about this situation. Do you have any relatives living in USA who are LPRs or US Citizens? If so, who?
This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.

Yes my husbands sister is a citizen and is a resident and his Father is also a citizen but lives over here most of the time

Expert:  Ely replied 1 year ago.
Thank you.
On this website, I do not always get to give good news, and this is one of these times. I understand that hearing things less than optimal is not easy, and I empathize. Thanks in advance for not "shooting the messenger."
You may of course know that living outside USA while having a greencard can have the greencard voided if -one lives abroad for more than 6 months to 1 year without a prior travel permit being issued by USCIS.
This is what has likely happened here.
In rare situations, the greencard may be reinstated by filing an SB-1 with the US Consulate/Embassy nearby, although this would be at their discretion, and would generally focus on whether or not the overstay was unavoidable due to war, disease, etc. See here. Yes, you were ill, but if one has stayed outside for 10+ years, it may simply be too long in any circumstance provided one stayed abroad of one's own free will.
Thus, the SB-1 is likely to fail.
One can reapply based on one's family from the beginning process, however, this may take a long time.
Please note: If I tell you simply what you wish to hear, this would be unfair to you. I want to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.
I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.

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