Immigration Issues/expired green card


I have a green card that I have received when I married a US soldier back in June 2003, I have entered the states with him in September 2003. He divorced me in July 2004 so I had to go back to germany. Thats where I have been since then. My green card expired in June 2005.
Now I am thinking about moving back to the states. Is there a way to get the green card renewed or to I have to apply for a new one? If so, are there going to be any issus because I have already had a green card that has expired?

Thank you very much for your time and your help in advance.

Anja McCallister

It sounds to me like you received what is called a conditional permanent residence.  That means you get a visa for 2 years, after which time you have to apply to have the "conditional" status removed and you get a true permanent visa.  This means proving that the marriage was valid, and that you are still married.  You did not do this.  You allowed the visa to expire, and you left the country. It sounds to me like you did the right thing (I wish more people would be so honest).  But now you cannot "reinstate" the green card since it would have required you to prove that your marriage was valid and ongoing, when in fact it was not, and furthermore I suspect the time period to do so has expired.

As a German citizen you can come and go as you like by entering on the waiver visa program.  But if you want to get a permanent residence visa you are going to have to either marry again, or find some other basis to stay permanently in the USA.

Good luck.

Immigration Issues

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Alexander J. Hay


I am a U.S. lawyer with offices in Houston, Texas and in Belize. I can answer questions on U.S. Immigration, U.S. corporate law, and Offshore Tax and Asset Planning.
If you are on an H or L visa I am NOT GOING TO ANSWER your questions since they are usually highly fact oriented, and also you have a company attorney handling the whole thing. Call your own attorney please! If you disregard this request, don't be surprised if I answer with "homework question".


I am a U.S. attorney with offices in the United States and Belize. I have experience helping to protect assets, reduce taxes, and improve investment performance by utilizing global investment techniques.

Harvard University, A.B. degree; University of Houston Law Center, J.D. Degree; Fulbright Scholar

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