Hi, my father's green card has been confiscated at an airport as he was making an entry into the US after a long stay overseas. INS's complaint was that he was not honoring his green card for its true purpose, which is to live and work in the United States. I was wondering if he has a chance of getting his green card back or if he has to start his application process all over again for a new green card.

If he has to start his application process again, please suggest what forms he needs to fill out. Hopefully the process will be somewhat shorter since INS should already have him on their records.

This was totally unexpected and has thrown us into a complicated situation.

Any suggestion will be appreciated.

It’s actually much easier to lose your green card than to get it in the first place. Your father should have been given the choice to go before an immigration judge to have the judge decide if he actually abandoned his permanent resident status. If, however, your father “voluntarily” relinquished his green card at the airport, then he has no other choice to reapply. The fact that he already had a green card will not affect the processing time.

If you or your father would like to further discuss his case with me, please contact my office directly to arrange for a consultation.

Edward Weiner
Attorney at Law

E-mail: E.Weiner@immigration-aux-usa.com
Internet Site: http://www.immigration-aux-usa.com/