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 fo...

Question

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

Answer

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.

Answer

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