Questions & Answers

How can I get my green card back if it has been deemed abandoned?

I got U.S. permanent residency several years ago through the EB-5 program. Then I had serious medical conditions that I had to go back to my home country for treatment. I have not been able to come back since then and my green card has been deemed abandoned. But my health is getting better. Is there any way to get it back?

Answers

• A Olusanjo Omoniyi

  Immigration Attorney

  Answered on July 29, 2019

  In circumstances of this nature you may need a returning resident (SB-1) immigrant visa application. To successfully pursue the application, be ready to prove at least three conditions that: you were a permanent resident when you left the country; at the time you left you had intent to return but have not abandoned the intention; and you are returning from a temporary visit abroad and the stay abroad was protracted caused by reasons beyond your control and which you weren't responsible. Last but not the least, be on notice that you will pay visa processing and medical examination fees as part of the application. Also, the last typical procedure is that you will be required to attend an interview at the U.S. embassy or consulate to determine your eligibility. Advisably, consult an immigration attorney to put the application in proper process and make sure you initiate the application as soon as possible because it can take as much as 90 days.

• Julia Roussinova

  Immigration Attorney

  Answered on July 19, 2019

  Consider a returning resident visa application. Hire an experienced immigration attorney to help you with preparation of the case.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on July 19, 2019

  If there were circumstances beyond your control that made it impossible to return, you may be eligible for a returning resident or SB-1 green card. If you signed an I-407, that is more difficult.

• BoBi Ahn

  Immigration Attorney

  Answered on July 16, 2019

  You may need to file a returning resident immigrant visa at the U.S. consulate (with evidence to show you have not abandoned your residence in the U.S., but due to circumstances beyond your control or extreme circumstances you were unable to return to the U.S. for a prolonged period) so that you may be re-admitted back to the U.S. as a lawful permanent resident. If the returning resident immigrant visa is granted, you will be issued a new I-551 for you to use to travel back to the U.S.

• Charles Foster

  Immigration Attorney

  Answered on July 15, 2019

  Apply for special immigrant visa at the American consulate documenting your medical condition.

• Dale Schwartz

  Immigration Attorney

  Answered on July 15, 2019

  You can go to the nearest U.S. embassy or consulate with lots of medical evidence (including a doctor's letter) and ask them to give you a returning resident visa. That gets you your green card back. You should show them proof that you took up residence in the U.S. (tax returns, lease, bank accounts, car ownership, etc., if you have any of these things).

• Hassan Elkhalil

  Immigration Attorney

  Answered on July 15, 2019

  No.

• Robert West

  Immigration Attorney

  Answered on July 15, 2019

  You have to apply all over again.

• Sally Amirghahari

  Immigration Attorney

  Answered on July 15, 2019

  Yes. If you can show that due to your medical conditions you couldn't travel and other supporting documents to show that your intent was not to abandon your residency, then you should be able to get it back.

• Marko Issever

  EB-5 Broker Dealer

  Answered on July 15, 2019

  You should consider applying at the nearest U.S. embassy or consulate for a returning resident (SB-1) immigrant visa. Under provisions of immigration law, to qualify for returning resident status, you will need to prove to the consular officer that you: a) had the status of a lawful permanent resident at the time of departure from the United States; b) departed from the United States with the intention of returning and have not abandoned this intention; and c) are returning to the United States from a temporary visit abroad and, if the stay abroad was protracted, this was caused by reasons beyond your control and for which you were not responsible. The fact that you had serious medical conditions and therefore needed to go back to your home country for treatment should be in your favor. The consular officer, reviewing your petition, could question as to why you did not obtain a re-entry permit before leaving the United States. You might need to convince the officer that you did not expect the treatment to take as long as it did essentially blocking you from the ability to travel back to the U.S.