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What to do if my GC expires and I’m not in the U.S.?
By Jim Nolan | February 14, 2010
I answered the following question in LinkedIn and wanted to share it:
In this year my GC will expire. I am not living in America. Where can I apply for a new Resident Card and do I have the right to get a new GC.
You can’t apply for a new GC while you are not in the U.S. However you can do a few things:
- You can try to return to the U.S even after your GC has expired. On September 13, 1999 the U.S. government sent a letter to all airlines that they should let any GC holder board their plan even if his or her GC expired, if the expiration date on the card is the only reason that not to let them on the plan. When you return to the U.S. you should file an I-90 to get a new GC. You can get the form and information how to file it here.
- If you are not residing in American you can’t keep GC, but… Residing, or residency, is a tricky subject and you should discuss it with an immigration attorney. If you have been outside the U.S. for more than one year the Immigration officer at the airport will probably take away your GC when you return. In this situation you should apply at the U.S. Embassy in the country you are living for returning resident status and should not come back to the U.S. until it is approved. Every Embassy has different procedure, but for an example see here for procedure in Japan.
Even if you have been back within the year it is still possible the Immigration officer at the airport may still take away your GC when you return. This depends on many factors, like if you have returned for 2 days every year for the last 10 years you may have trouble, and you should discuss it with an immigration attorney before returning to give yourself a better chance at the airport.
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