Legal Question in Immigration Law in New Jersey

hello, i have a question. my boyfriend was kicked out of usa because his green card was expired (he is Italian).

now he wants to come back for a ceremony but when he applied to ESTA , his request was denied.

why did this happen?

could it be because he stayed in the usa with an expired green card and now he is on a black list?

thanks


Asked on 6/24/14, 1:15 pm

2 Answers from Attorneys

Philip Eichorn Hammond Law Group

Hi. It would be important to know if he had a two year green card or a ten year card. If he had a two year card and failed to file the required I-751, he may have accrued unlawful presence and now be barred for a 3 or 10 years depending. If he had a ten year card, it is doubtful he was deported for that card expiring. Once a person is a full permanent resident, they have to violate their status in some way and having your card expire is not a deportable offense. Clarify with your boyfriend on the above and feel free to reach out to our office for further help.

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Answered on 6/24/14, 2:32 pm
Ana Yngelmo YNGELMO LAW

Mr. Eichorn's response is exactly right. Feel free to contact me at (973) 856-6240 to further discuss the matter.

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Answered on 6/25/14, 5:13 am


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