Have greencard but have been out of country for 4 years

[Kathryn41 3,205]

I am going to remind everyone here - including the OP - that suggesting, hinting, inferring, recommending or in anyway condoning illegal immigration activity is a violation of TOS and subject to administrative action. Please do not continue recommending that the OP try to return to the US with her abandoned green card in hopes that the border authorities and USCIS won't notice. Please read the following if you think that USCIS isn't serious about this: http://www.uscis.gov/propub/DocView/slbid/1/2/115?hilite=

as well as this section on Fraud and Misrepresentation in order to obtain immigration benefits from the USCIS Adjudicator's Handbook: http://www.uscis.gov/portal/site/uscis/men...RCRD&CH=afm

Edited November 12, 2009 by Kathryn41

[Boiler 45,525]

There is certainly an issue here but to state the obvious the OP has not abandoned her PR status.

[rebeccajo 14]

Two year old thread from a trusted source:

http://britishexpats.com/forum/showthread.php?t=488193

[Kathryn41 3,205]

There is certainly an issue here but to state the obvious the OP has not abandoned her PR status.

I beg to differ: http://www.uscis.gov/portal/site/uscis/men...000082ca60aRCRD

[JERIII 8]

There is certainly an issue here but to state the obvious the OP has not abandoned her PR status.

I beg to differ: http://www.uscis.gov/portal/site/uscis/men...000082ca60aRCRD

I think you're overstating, the reference you quote says the following:

"You may be found to have abandoned your permanent resident status if you:"

It does not say you will be found to have abandoned. The OP has certainly not surrendered her green card. If she attempted to enter the US using it, I think it is very likely that the CBP would confiscate her green card, but they would probably ask why she had been out of the US for so long before they did so. It is possible to leave the US for a long period of time and maintain residence. Again, I don't think the OP has done so, but it's not her call. Despite the way we often talk on VJ, the law does not require one to be an immigration expert, and in this situation, my reading of everything is that attempting to enter using the green card probably won't work, but it wouldn't be fraud unless she lied about how long she had been out - that she certainly should not do.

[Otto 83]

Just thinking out loud here - but am curious exactly how the US Government would know the OP has been out of the country this long (and hence, abandoned her PR status; the length of absence would pretty much long ago have fallen into abandonment but..) if she didn't tell them - I mean would CBP actually inspect arrival/departure stamps and calculate how long the OP has been gone (or something similar)?

You don't want to go there. Even hinting that she try to enter with an abandoned greencard is suggesting immigration fraud. It is a violation of TOS to suggest that 'if you don't get caught you should give it a try". The unfortunate part is that it would be the OP who suffered because of your intimated 'advice' and not you. There will definitely be resources available to advise USCIS that the OP has been outside of the US for more than 4 years. It is unfortunate that this has happened but because of choices made by the OP in past years she now needs to deal with the consequences of those choices and re-start the immigration process - without lies or fear of being caught in a lie.

I made no assertion for the OP to do anything. Nothing illegal, 'tip-toey' and certainly not immigration fraud; noting 'intimated.' The OP's topic (I feel/felt) points to an interesting question. I don't know the answer (since I'm not an immigration attorney, nor are most folks posting here) which is why I brought it up.

I would however, intimate that the OP at least consult with an immigration attorney before taking any future actions/filings/travel to be certain that she:

• Has indeed abandoned her PR status
• Needs/Doesn't-need to file an I-407 or similar
• Has/has-not incurred any type of legal trouble from her 2007 entry to the US

[Kathryn41 3,205]

I agree - a consultation with a good attorney knowledgeable in US immigration issues is a very good idea

Edited November 12, 2009 by Kathryn41

[Boiler 45,525]

There is certainly an issue here but to state the obvious the OP has not abandoned her PR status.

I beg to differ: http://www.uscis.gov/portal/site/uscis/men...000082ca60aRCRD

I think you're overstating, the reference you quote says the following:

"You may be found to have abandoned your permanent resident status if you:"

It does not say you will be found to have abandoned. The OP has certainly not surrendered her green card. If she attempted to enter the US using it, I think it is very likely that the CBP would confiscate her green card, but they would probably ask why she had been out of the US for so long before they did so. It is possible to leave the US for a long period of time and maintain residence. Again, I don't think the OP has done so, but it's not her call. Despite the way we often talk on VJ, the law does not require one to be an immigration expert, and in this situation, my reading of everything is that attempting to enter using the green card probably won't work, but it wouldn't be fraud unless she lied about how long she had been out - that she certainly should not do.

The longer version.

PS Most Immigration Lawyers are not familar with nuances of abandonment, you certainly will not find it on a board like this.

[Herewegoagain 0]

Sorry didn't mean to start such a heated discussion. Appreciate everyone's input. My Husband was still in US for quite a lot of the time so taxes were filed. He was coming back and forth a lot. Technically speaking I've been out of the country two years, but it doesn't really matter, it's still too long.

Thanks for your input, I'll come back on here next year and let you know what happened

[raina4gy 0]

Sorry didn't mean to start such a heated discussion. Appreciate everyone's input. My Husband was still in US for quite a lot of the time so taxes were filed. He was coming back and forth a lot. Technically speaking I've been out of the country two years, but it doesn't really matter, it's still too long.

Thanks for your input, I'll come back on here next year and let you know what happened

I think the nuances of being found to have "abandoned" your PR status is primarily up to the CO because I did not believe that I had "abandoned" mines even though I had been out of the country for more than 1 year. I had joint US bank accounts with my husband, filed joint tax returns every year with him, have a US mailing address. Had no resourse at all in the country (Egypt) that I'm currently living in and still was found to have "abandoned" my LPR status. The reason given at the SB-1 interview was that I could not show "extenuating circumstance" as to why I did not return to the US with 1 year of leaving.

So I'm doing the DCF route and it is not easy....but that might depend on the individual consulate.

[Boiler 45,525]

Nobody suggested a SB1, you were refused a Visa, not quite the same thing.

DCF is the quickest option of those types for those who have access to it.