Is it possible to reinstate a revoked green card?

Is it possible to reinstate a revoked green card?

All green card holders are entitled to judicial review of the revocation of their permanent residency, and they may have an opportunity to have their green card reinstated.

Can a revoked petition be reinstated?

You can request humanitarian reinstatement of a petition only if it had already been approved when your relative died. Copy of the USCIS approval notice for the revoked petition. Death certificate of your relative. An “affidavit of support” on USCIS Form I-864.

How do I reinstate my petition?

You need only complete and submit a credential application form along with a letter requesting reinstatement. After complete documentation has been received by the Commission, the petition will be scheduled for consideration by the Commission at the earliest possible date.

What is humanitarian reinstatement?

Humanitarian reinstatement is a discretionary form of relief available to the principal beneficiary of an approved Form I-130, Petition for Alien Relative, that was approved prior to the death of the petitioner who filed on the beneficiary’s behalf.

Who is eligible for humanitarian reinstatement?

A U.S. citizen, national, or lawful permanent resident; At least 18 years old; and. Your spouse, parent, mother-in-law, father-in-law, sibling, child, son, daughter, son-in-law, daughter-in-law, sister-in-law, brother-in-law, grandparent, grandchild, or legal guardian.

Can you get a green card twice?

(This is done by filing Form I-131, Application for Travel Document, with U.S. Citizenship and Immigration Services, or USCIS. See Don’t Lose Your Green Card Due to Long Absence From U.S.: Get a Reentry Permit for details.) Reentry permits are good for up to two years at a time, and can be applied for more than once.

Can petitioner revoke green card?

If the Petitioner Wishes to Cancel the Green Card After USCIS Has Issued It. By this time, the immigrant is considered to have acquired U.S. status in his or her own name, and a petitioner would most likely have to allege fraud to have that status revoked (taken away).

Can an approved I-130 be revoked?

You’ve worked hard putting together your I-130 petition to bring a family member to the United States. But for an unlucky few, the U.S. government may revoke (or cancel) a previously approved petition.

What is substitute sponsor?

If the original I-130 petitioner has died after the petition was approved, but before the intending immigrant obtained permanent residence, a substitute sponsor can submit the Form I-864, affidavit of support, instead of the deceased visa petitioner.

How do I file a humanitarian reinstatement?

What Are The Requirements For Humanitarian Reinstatement?

1. The petition must already be approved.
2. The substitute sponsor must be at least 18 years old.
3. The substitute sponsor must be a lawful permanent resident (green card holder) or a U.S. citizen.
4. The substitute sponsor must complete a new affidavit of support.

What is a substitute sponsor?

A substitute sponsor is a sponsor who is completing Form I-864 on behalf of an intending immigrant whose original Form I-130 petitioner has died after the Form I-130 was approved, but before the intending immigrant obtained lawful permanent residence.

How long does it take to reinstate a green card?

Currently, the green card renewal time line is approximately 10 to 12 months. However, poorly prepared applications can result in processing times which are much longer. The good news is that it’s possible to get temporary proof of permanent resident status for travel abroad, employment and other purposes.

Is it possible to get your green card revoked?

Having your green card revoked is actually quite difficult but not impossible. A green card may be revoked based on numerous grounds including: fraud, criminal activity and/or abandonment.

What to do if you overstayed your green card?

If you have overstayed your two-year re-entry validity period or one-year green card overseas validity period, you will need to file a returning resident (SB-1) immigrant visa. This may cause some hurdles since you have exceeded the time frame.

When is a green card considered to be abandoned?

Your green card might also be considered to have been abandoned if you travel out of the U.S. and stay for over 12 months. As a U.S. permanent resident, one of the requirements by the government is that you always apply for and have all your travel documents with you whenever you travel out of the country, allowing you to return without issue.

Can a green card be reinstated with a SB-1 visa?

Enter the United States using your green card and your home country passport bearing your SB-1 visa. Only at this point will your green card be considered reinstated. Approval of an SB-1 visa application is discretionary, meaning that there is no guarantee you will be approved, no matter how convincing your application may be.