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Ely
Ely, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 100531
Experience:  US immigration attorney licensed in state and federal court.
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I am married to a US citizen have a green card but it

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Hi
I am married to a US citizen have a green card but it was stolen in the UK, Have been out of US since December 30th December 2013 but want to visit my husband for a vacation in May.
I realise I can't show my Green Card and will get grief as i have been out of the country for a long time. I don't want to lose my green card but in case I want to return to the US. But right now I just want to know if I can go on vacation or if they might not grant me access. Please advise Thanks
Submitted: 10 months ago.
Category: Immigration Law
Expert:  Ely replied 10 months ago.
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. If you have been out of the country since 2013 and not keeping significant ties (work, place to live, bank account, etc) within USA, your greencard has been cancelled. You cannot be out of the country for more than 6 months to a year or more on a greencard without it possibly being cancelled, unless you get special permission ahead of time via an I-131 travel permit. See here: https://www.uscis.gov/green-card/after-green-card-granted/international-travel-permanent-resident At this time, your greencard is likely void. Unless you can show that you were kept from returning to US due to exigent circumstances, you are no longer counted as a Lawful Permanent Resident, but as an alien. You can come on a B2 tourist visa or with a Visa Waiver Permit (for 90 days, assigned at entry), and that would not be an issue. But I am sorry to say likely, you have lost your LPR status. I hope this helps and clarifies. Please 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 TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. 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 with a positive rating.
Customer: replied 10 months ago.
my husband is still there we are still married and very much together I came back because of health reasons
Customer: replied 10 months ago.
I have been out of the country for 2 years and 2 months
Expert:  Ely replied 10 months ago.
I understand. In this case, someone in your situation wants to first file for an SB-1 visa. See here: https://travel.state.gov/content/visas/en/immigrate/returning-residents.html This process asks the US Embassy/Consulate to grant a visa to allow to return (in in short, re-authorize the LPR status) under special circumstances. This would be prudent to do before simply getting on a plane to the USA, because if you do so, you likely would not be allowed inside without the SB-1 being processed, fist. At 2+ years, your LPR status has likely been voided. You can always make the attempt without filing the SB-1 first, but you may be denied entry then. Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Customer: replied 10 months ago.
I'm not planning to live back in the US for about a year one so but want to visit my husband for a vacation of two weeks - can they deny me access for a holiday
Expert:  Ely replied 10 months ago.
No, they cannot. Or rather, should not, provided that you are coming as a tourist. Right now, you do not have any status. You are an alien to the US government. If you come without filing and having an SB-1 approved, then they will let you in as a tourist for 90 days under VWP, or 6 months under a B2 visa. However, if you tell them that you intend to stay permanently, then they may deny you access. If you wish to "reactivate" your LPR status to be able to live in USA permanently, someone in your situation wants to have the SB-1 approved prior to traveling to USA. Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Customer: replied 10 months ago.
tHanks you have been v helpful
Expert:  Ely replied 10 months ago.
You are very welcome. Good luck, and please don't forget to RATE my answer in one of top three faces and then SUBMIT – it is the only way I get credit for my time with you – or, please use the REPLY or SEND button to keep on chatting – I want you to be satisfied.
Ely, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 100531
Experience: US immigration attorney licensed in state and federal court.
Ely and other Immigration Law Specialists are ready to help you
Customer: replied 10 months ago.
wIll do thanks
Customer: replied 10 months ago.
Sorry can't see where I can rate
Expert:  Ely replied 10 months ago.
Looks like you did already. Thank you.

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