Expired green card?

Question

I should have explained myself better,I lived in florida for 13 years,i have 3 american children,We all came back to England to help with the care of my sister,my greencard expired while i was here in Englandi was hoping because my kids are american there was a way around renewing my greencard if i went back to the states.I am now living in cambridge my kids are so home sick they want to go back so bad,and i also want to take them back i think the upbringing of kids is better for them there.Thanks for al lyour answers,im just trying to look at all my options. Ps i am no longer married to the kids father.

Answer 1

The status of your children has no bearing on you. They are US Citizens, you are an LPR. As an LPR, you have certain rights and responsibilities. One of these is a responsibility to maintain your residency in the US.

LPRs who wish to travel abroad for extended periods of time and protect their LPR status must apply for a re-entry permit.

Taken from the USCIS leaflet on re-entry permits:

"A re-entry permit can help prevent two types of problems: (1) Your Permanent Resident Card becoming technically invalid for re-entry into the United States (U.S.), if you are absent from the U.S. for 1 year or more.

(2) Your U.S. permanent residence being considered as abandoned for absences shorter than 1 year, if you take up residence in another country."

You fall into problem 2.

Now, what to do about it...

"What will happen if I do not apply for a re-entry permit before I travel outside of the U.S.?

...

If you stay outside of the U.S. for one year or more and did not apply for a re-entry permit before you left, then you may be considered to have abandoned your permanent resident status and may be refused entry into the U.S. if you try to return. If you are in this situation, contact the U.S. Consulate about a returning resident visa."

So, you need to get in touch with the Visa section of the US Embassy in London.

For further information, see USCIS Leaflet linked in the source.

Answer 2

I'm sorry about your sister first off.  In times of stress you tend to forget those little things.  I'm sure your green card is something you don't think about on a daily basis.

http://www.usimmigrationsupport.org/

I'm not sure but it said something about "re-entry" on the Green Card side links.  I don't know if I read it right but is says you were to get one before you left.

I hope you get this worked out.  Maybe go to the consulate over there and see if they can help?

I really hope the best for you and your children.

*I wrote a big thing on Legals and Illegals and how you are choosing the correct route but doing so makes it harder for you.  Thank you and all my best to you and your family*