Immigration Issues/Moving back to US

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Question
Hi,
I am married to a US citizen (married 1993) and until September 2003 we lived in the States.  Since that time we have been living in England but have decided to move permanently back to the States.  My Green Card expired in May 2006.  Do I have to go through the whole 'petition' process again and, if so, can I go back to the States on a return ticket and do it when I get there?  I don't think I qualify for a Returning Resident visa as we have been out of the States for too long.
Thanks for your help.  

Answer
Hi Rebecca,

Since you have been continuously outside the U.S. for more than one year without a re-entry permit, you are no longer a U.S. permanent resident. Your husband would need to petition for you all over again if you want to receive another green card.

If you want to enter U.S. now, you would need to enter on a visitor visa to the U.S.: http://travel.state.gov/visa/temp/types/types_1265.html

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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