# Is my green card still valid, or do I need to re-apply?



## princesslyka (May 28, 2008)

Hi All,

Here's the plot:
- my husband is a US national and so are our children.
- I am a European citizen
- we all live outside of the US
- Ten years ago, we went back to the US and I obtained (painfully so) a green card valid till 2011.
- we came back to our country of residence in 2004 and I haven't live in US since then.

I was told by the local consulate that even though the validity of the green card is 2011, because I lived more than 1 year outside of the US, it was not valid anymore.

1) does anyone have a similar experience?
2) is it possible to 'revive' the green card
3) do I have to apply for a new one?

Any thought on the topic will be welcome.

Thanks!


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## Fatbrit (May 8, 2008)

princesslyka said:


> Hi All,
> 
> Here's the plot:
> - my husband is a US national and so are our children.
> ...



There's no straightforward answer to this query. Basically, you are a permenant resident until a US immigration judge says you're not or you voluntarily relinquish the status. If you gatecrash the border now and insist on seeing the judge, CBP (after sweating you in secondary processing for hours) will parole you in for a future hearing where you can argue your case. The judge will be interested in how you maintained your ties to the US, and especially whether you continued filing US tax returns. You will need to show that your stay abroad was temporary and you always planned to return to the US. It won't be an easy ride.

Much easier would be to just re-do the green card at the consulate. 

This time look at naturalizing as a USC after three years provided your current nationality allows dual citizenship. Then this issue will not reoccur.


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## twostep (Apr 3, 2008)

Unless you move your center of life to the US there is no need and no basis for a Green Card. Having let one go may have an impact on your next application. Have you read up on what is expected from a Green Card holder? USCIS - After a Green Card is Granted
For my own curiosity - EU still means you are citizen of a specific country, does it not?


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