Press Release Summary: It's never a good thing to leave home without a Green Card or visa, but, it happens, and there are options to fix the mess.
Press Release Body: If a person is classified as a lawful permanent resident and they don't have his or her Green Card because its at home in the pocket of other pants, they may be able to get a visa waiver from immigration officials (for a fee) or defer customs inspection to another office close by to where the person lives.
If the Green Card was lost or stolen, one should be able to get an application to replace the permanent resident card (for a fee). This only happens if the inspection officers have verified the person's identify and run a thorough check on them. The form needed is the I-90 and at this point, it's a good idea to talk to an immigration lawyer who knows the system inside out.
The other form, the one requesting a visa waiver is the I-193 and is used in situations where people are otherwise admissible but for the lack of a visa. If approved, the person will be admitted as a returning resident, if not, the person might find themselves in front of a judge of the immigration court facing removal proceedings. This is one of the best reasons to make sure a visa is present at all times.
Another option is the deferred inspection. This is usually done if the person is able to produce documents within a few days or had their forms stolen. There are other exceptions to the deferred inspection option. A good immigration lawyer will be able to outline these. An I-90 might have to be filed with US Citizenship and Immigration Services within 30 days.
Meaningful departure is a really complex area and in this instance, a discussion with an immigration lawyer would be a smart move. This usually kicks in when an inspector is looking over a Green Card and is trying to determine why the person has spent such a long time abroad. This would typically apply for absences of more than six months.
They need to figure out whether the person has abandoned their US residence and decide what their intentions are. This is by no means an easy thing to do and this kind of a situation if often fraught with the potential for errors and misunderstandings. A knowledgeable immigration lawyer will make a difference in the long run.
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2022
