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British husband's green card expired

British husband's green card expired

Old Dec 19th 2017, 7:04 pm
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Default British husband's green card expired

Hello. We would like to move back to the US but my husband's green card expired 1.5 years ago. I tried to call the US embassy in London but I couldn't get to a live person.

I know there are US immigration lawyers in the UK who could help us but I don't expect them to be cheap...

Anyone went through something similar? Any advice is very much appreciated. Thank you.
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Old Dec 19th 2017, 8:42 pm
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Default Re: British husband's green card expired

Most likely his US PR status has expired as well.

You'll want to research obtaining an Immigrant Visa by filing the I-130 directly to the USCIS field office in London.

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Old Dec 19th 2017, 10:07 pm
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Default Re: British husband's green card expired

Also he will have to return his green card before he can obtain a new one. I believe it is form 407 Record of Abandonment of Legal Permanent Residency.

This has been an issue for two other posters this year if you wish to do a search of both the US immigration and US marriage-based visa forums.
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Old Dec 20th 2017, 8:31 am
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Default Re: British husband's green card expired

Originally Posted by KellyInNorfolk
Hello. We would like to move back to the US but my husband's green card expired 1.5 years ago. I tried to call the US embassy in London but I couldn't get to a live person.

I know there are US immigration lawyers in the UK who could help us but I don't expect them to be cheap...

Anyone went through something similar? Any advice is very much appreciated. Thank you.
Hi, sorry to hear that you are still looking for a solution.
Maybe you should have mentioned here that you have two children born in the US. What nationality are they? If they are US citizens, would this help the immigration procedure for your OH? If not, you'd have to deal with their status, too....
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Old Dec 20th 2017, 8:44 am
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Default Re: British husband's green card expired

Hello. Yes, children have dual nationality. Looks like I will have to talk to a lawyer.
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Old Dec 20th 2017, 3:04 pm
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Default Re: British husband's green card expired

Originally Posted by dmu
Hi, sorry to hear that you are still looking for a solution.
Maybe you should have mentioned here that you have two children born in the US. What nationality are they? If they are US citizens, would this help the immigration procedure for your OH? If not, you'd have to deal with their status, too....
The children's citizenship has absolutely nothing to do with her husbands immigration procedure. He needs the appropriate visa to enter and live in the US with his USC wife and children. Having USC children affords you no special rights or treatment.

As he had abandoned his previous green card by being outside of the US for so long, he needs to have his file re-file for a brand new IR-1 visa for him at the US Embassy in London. He also needs to relinquish the card by completing form 407.

A consultation with a well-versed immigration attorney who deals with IR-1 visas is never a waste of time or money. Perhaps their might be an out if he had to return to the UK because of an emergency but from the writing of the OP, it doesn't appear that is the case. They simply wished to reside in the UK and abandoned the US as their principal place of residency.

The process they need to go through is simple but costly and not all that time consuming. Some people get their IR-1 from direct consular filing in just a few months.
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