> Hi. I don't know if this question has ever been asked, but suppose
> you
> live in the US (with your American spouse) as a green card holder for,
> say, nine years but then you both move out of country. You then let
> your green card expire. Now, say, after being out of the US for five
> years, you decide you miss the US and want to go back to live. What
> would US immigration say? Obviously, your green card has long since
> expired but could you start the whole process of immigrating again or
> would you be banned from immigrating?
Much has been written lately about intent. If you did not intend to
abandon your PR status, then you might still be considered a PR. Even
though your card has expired, it is very likely that your status has
not. There are at least three scenarios which might come into play. 1)
you claim to be a PR and are still considered a PR and have no
problems; 2) you claim to be a PR but are not considered a PR and you
have the right of appeal to an immigration judge who says you're still
a PR; 3) you claim to be a PR but are not considered a PR and you have
the right of appeal to an immigration judge who says you're no longer a
PR. In the case of 1 and 2, you're okay. In the case of 3, you can
start the PR process all over again. At any rate, unless there are
further issues about which you haven't written, you won't be banned
from immigrating again.
Ian
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