Legal Question in Immigration Law in Ohio

I became LPR 5 yrs. ago and was unable to return to the US. It was unfortunate that my spouse fell ill while we returned to Europe. This year we decided to voluntarily give up the GC but there is an emergency as my mother who is old has undergone surgery and I would like to see her. There is no time to go to the local embassy as it is in another city and one needs to first get an appointment. Can I travel on my GC and surrender it at the POE?Will the IO understand my situation. We could not obtain reentry visa as one has to be physically present in the US although I had an intentent to go back. For 2 years I tried to go to and forth to maintain my LPR. Please advice!

Asked on 11/22/12, 6:22 am

1 Answer from Attorneys

Philip Eichorn Philip Eichorn Co., LPA
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If you previously "(gave) up the GC," then you abandoned your status and therefore cannot travel using the green card (as it is now invalid). If you abandoned your status, you are not eligible for a returning resident (or SB-1) visa. If you are from a Visa Waiver Program country then you don't need a visa to enter the U.S. for the purpose of visiting a relative. If you are not from a VWP country, you'll need to apply for a visa.

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Answered on 11/23/12, 6:10 am

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