# Greencard invalid



## hwpillay (Mar 10, 2012)

Hi. I was living in the US from 2007 to 2010 and had to return to Australia. Within the first year we applied for a Greencard through my husbands company and got it withing 12 months. I had to return to Australia due to my marriage failed.

I recently found out before leaving the states I had to apply for a re-entry permit, which I am kicking myself because I would like to move back. I have email exchanges with an Attorney with Immigration experience but didn't respond back to help me to re-apply for the Greencard.

My question is can I reapply for a Greencard here in Australia? Any info would help.


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## Davis1 (Feb 20, 2009)

hwpillay said:


> Hi. I was living in the US from 2007 to 2010 and had to return to Australia. Within the first year we applied for a Greencard through my husbands company and got it withing 12 months. I had to return to Australia due to my marriage failed.
> 
> I recently found out before leaving the states I had to apply for a re-entry permit, which I am kicking myself because I would like to move back. I have email exchanges with an Attorney with Immigration experience but didn't respond back to help me to re-apply for the Greencard.
> 
> My question is can I reapply for a Greencard here in Australia? Any info would help.


you green card is valid for reentry if you leave for 12 months or under 
if you get the re-entry permit you can stay out for a max 2 years 

you dont say how long you have been out


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## hwpillay (Mar 10, 2012)

Hi. I have been out of the US since August 2010 and haven't returned yet. Can I apply for a re-entry permit since living here in Australia?


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## Davis1 (Feb 20, 2009)

hwpillay said:


> Hi. I have been out of the US since August 2010 and haven't returned yet. Can I apply for a re-entry permit since living here in Australia?


no a reentry permit has to applied for before you leave the US 
there is an SB1 returning resident visa you could try for 
you just have to prove the reason you never return was because of circumstances beyond you control
being in a coma for the past year is a good reason ... and you course you have to have left evidence in the US that you had an intention of returning 
such as property car, possessions, accounts etc

read up on you nearest US consulate site

http://canberra.usembassy.gov/returning_resident.html


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## twostep (Apr 3, 2008)

First - did you file your 2010 US tax returns?

The actual status does not change but immigration at POA can deem the Green Card abandoned thus change the status. It is a high risk gamble. As OP did not state which Green Card is in her possession it is not possible to make a guess.

No - an individual cannot "apply" for a Green Card. The only way to do so is by having won an application through Diversity Lottery. Otherwise a sponsor has to initiate the application.

Emailing an attorney is unlikely to produce answers unless payment has been made.

uscis.gov gives details on retention of Green Card and status.


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