Immigration Corner | Can I renew my Green Card?

Dear Mrs Walker-Huntington,

I am seeking advice on the possibility of renewing my Green Card.

I was brought up in the United States of America as a minor by my guardian and was given a Green Card. However, I was returned to Jamaica about a year later and my Green Card and passport were withheld by my guardian. Upon his death in January 2023, the documents were returned to me. However, the Green Card expired in 2013. The Green Card was valid for 10 years.

I’d like to know the possibility of renewing my Green Card or if I had become a citizen back then.

Looking forward to your reply.

CH

Dear CH,

This is a very interesting scenario.

First, you would need to find out your legal relationship to this now deceased guardian and who, in fact, filed for you to become a permanent resident. Likewise, I would be curious to know if this is a legitimate Green Card. Also, how old you were when this card was issued – if it is indeed legitimate. You should ask your parents and/or close family members who should know what transpired.

Equally as important, you should request your immigration file from the Department of Homeland Security. Your immigration file would contain the petition that established your benefit of a Green Card – if, in fact, your card is legitimate. An immigration lawyer can request your file, review it, and advise you of your status at the time the card was issued.

Because you have been outside of the United States for more than a year combined with the fact that the card has expired, if it was a legitimate card, you will need permission from the US Embassy in Kingston to return to America. You would need to seek Returning Residence status and apply to renew the Green Card.

You need to approach the situation with care and in stages, just in case something untoward was done all those years ago when you were a child.

Dahlia A. Walker-Huntington, Esq. is a Jamaican-American attorney who practises immigration law in the United States; and family, criminal &and international law in Florida. She is a diversity and inclusion consultant, mediator and former special magistrate and hearing officer in Broward County, Florida. info@walkerhuntington.com