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Old 11-24-2009, 03:12 PM
 
Location: New Hampshire
4,866 posts, read 5,676,147 times
Reputation: 3786

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So to make a long story short:

My dad immigrated to the US legally in the 70's and lived here until about 1995 with a Green Card. He never applied for a citizenship. Why? I don't know.

He went back to his native land and stayed there for a few years. He moved back here in 2005 but was informed he had lost his green card due to being away from the country for so long.

I am wondering if there is any way possible that can be fixed?

Am I of any help at all?! ( as far as being a sponsor? )

Thanks in advance.
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Old 11-24-2009, 04:10 PM
 
Location: VAGABUNDUS
250 posts, read 562,893 times
Reputation: 155
How did he entered through immigration in the first place if he lost his status? I deemed there is a penalty for re-instatement of permanent resident status. You need to check with USCIS and possibly immigration lawyers who could help. If you are a Citizen which I guess you are then you could also file for I-130 on his behalf that is if there no clear way around penalty fine. Not sure that will be smooth process compared to reinstatement if thats possible. If I'm reading your screen name right and a Citizen then I think you should have minimal huddle with this process. Good Luck!!
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Old 11-24-2009, 04:10 PM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,669,000 times
Reputation: 26727
I would guess that he would have to apply all over again to become a permanent resident alien and, if he's eligible, you can sponsor him if you're a US citizen or a green card holder over 21 years of age. If you go to the first sticky at the top of this forum page and click on the USCIS link you'll find tons of information which will lead you in the right direction. Good luck!
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Old 11-24-2009, 04:26 PM
 
Location: Rogers, Arkansas
1,279 posts, read 4,769,403 times
Reputation: 1225
The green card cannot be re-instated, he will have to apply for a new visa/ green card. Is his wife a US citizen or resident? That would be the fastest way, if she applies for him. You can apply for his visa too, but it will be several years until he can get a green card through you.
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Old 11-24-2009, 05:16 PM
 
Location: New Hampshire
4,866 posts, read 5,676,147 times
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Quote:
Originally Posted by pathfinda94 View Post
How did he entered through immigration in the first place if he lost his status? I deemed there is a penalty for re-instatement of permanent resident status. You need to check with USCIS and possibly immigration lawyers who could help. If you are a Citizen which I guess you are then you could also file for I-130 on his behalf that is if there no clear way around penalty fine. Not sure that will be smooth process compared to reinstatement if thats possible. If I'm reading your screen name right and a Citizen then I think you should have minimal huddle with this process. Good Luck!!
yes I am a citizen. Was born and raised here.

thanks!
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Old 11-24-2009, 08:25 PM
 
Location: VAGABUNDUS
250 posts, read 562,893 times
Reputation: 155
Well, if Green Card can't be re-instated your best bet will be to file I-130 for him and once that got approved you can also file for adjustment of status with form I-485(I'm assuming he's in the States now). Like asked earlier if your dads wife or your mother is a citizen it will speed up the process otherwise you maintain your position as the sponsor.
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Old 11-25-2009, 06:06 AM
 
24,470 posts, read 10,793,748 times
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A GC can be reinstated under certain circumstances. Applicant has to prove that the extended absence was based on reasons out of his controll - sickness, company transfer ... Evidence of unbroken ties to the US such as properly filed tax returns, assets in form of personal real estate, upkeep of professional licenses ... is necessary.

No - you cannot just pack up and leave for a couple of years. Depending on your father's circumstances you will have to start the family based GC from scratch.
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Old 11-25-2009, 10:47 AM
 
Location: VAGABUNDUS
250 posts, read 562,893 times
Reputation: 155
Quote:
Originally Posted by Threestep View Post
A GC can be reinstated under certain circumstances. Applicant has to prove that the extended absence was based on reasons out of his controll - sickness, company transfer ... Evidence of unbroken ties to the US such as properly filed tax returns, assets in form of personal real estate, upkeep of professional licenses ... is necessary.

No - you cannot just pack up and leave for a couple of years. Depending on your father's circumstances you will have to start the family based GC from scratch.
That actually makes sense.
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Old 11-25-2009, 11:35 AM
 
24,470 posts, read 10,793,748 times
Reputation: 46736
I posted the link earlier and cannot find it right now - depending on the original GC if may have fallen under the "forever GCs" which are being reclaimed.
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Old 11-26-2009, 04:34 AM
 
27,212 posts, read 46,720,608 times
Reputation: 15662
If he lost the GC due to staying out of the country to long, which you already stated....than he has to start all over again. Otherwise he should have applied for a special permit to stay out of the country which he could have done for 1 or 2 yrs...no longer.
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