CCPA

A family member overstayed outside the US and have green card revoked. Is there anything she or he can do to get back in the US?

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Anonymous

If a family member overstayed outside the US and had their green card revoked, they may face difficulties in reentering the country. The person in question should consult with an immigration attorney to understand their specific situation and explore potential options. Here are a few possibilities:

  1. File a Form I-407: If the family member voluntarily gave up their green card by filing a Form I-407 before leaving the US, they may be eligible to apply for a visa to return. However, this process can be complex, and they should consult with an attorney to understand their chances.

  2. Apply for a Returning Resident Visa (SB-1): If the individual intended to return to the US but faced circumstances beyond their control, such as an emergency or other unavoidable reasons, they can apply for an SB-1 visa. This visa is meant for lawful permanent residents who have had their green cards revoked or expired due to protracted stays abroad.

  3. Seek a waiver: Depending on the circumstances of the overstayed period or green card revocation, the family member may be eligible for waivers available under immigration law, such as the I-601 or I-212 waivers. These waivers can provide a chance to overcome certain inadmissibility issues.

  4. Apply for a new immigrant visa: In some cases, the family member may need to apply for a new immigrant visa, resetting their permanent resident status. This typically involves starting the immigration process from scratch, including obtaining an approved immigrant petition and going through consular processing.

It is essential for the family member to consult with an experienced immigration attorney who can assess their situation, guide them through the options available, and advise on the best course of action based on their specific circumstances.

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