green cart revoke automaticly if away over a year?

[stephg 0]

Hi, i was way for 3 years i want to go back to US will my green cart will it be revok already or only when i get to the immigration servise? i ask to see if i can see a jedge once i am there.

my other question is. i lost my pasport but don't have time to make a new one, so i will live with my other passport i have duel citizenship and have 2 passport but the one i will go with is not the same as my green card. same name but diferent country. is that going to be a problem will they think i am not the same person?

thank you for your help.

[Inky 1,111]

Is it a 2 year or a 10 year card?

Are you moving back or wanting to visit?

[Deputy Purple 1,294]

At POE they will see that you were away for 3 years and probably won't admit you. You should contact the Local US Embassy and ask about a SB-1 Returning Resident Visa.

You'll need to prove that you didn't intend to abandon your Residency and something came up to change your plans.

Or you could chance it and hope to convince the CBP agent to parole you into the US in which case you'll probably have to appear before an Immigration Judge to plead your case for retaining your status.

[katiemanny 64]

You've been away for 3 years, your residency clock stopped itself back to 0 and it has been abandoned since you didn't apply for a re-entry permit prior to your departure, it doesn't matter if your GC is 2 yrs card or 10 yrs card, the residency requirement is the same. Your only hope is to apply for a returning resident visa (SB-1), Don't even attempt to enter the US with your current GC, you will be deny entry.

Edited June 1, 2011 by katiemanny

[Deputy Purple 1,294]

it doesn't matter if your GC is 2 yrs card or 10 yrs card, the residency requirement is the same.

Actually it does matter... If they had a 2 yr conditional GC then there's a chance that they were deported in absentia since they obviously didn't file to remove conditions!

[stephg 0]

You've been away for 3 years, your residency clock stopped itself back to 0 and it has been abandoned since you didn't apply for a re-entry permit prior to your departure, it doesn't matter if your GC is 2 yrs card or 10 yrs card, the residency requirement is the same. Your only hope is to apply for a returning resident visa (SB-1), Don't even attempt to enter the US with your current GC, you will be deny entry.

thanks for your repply.

I red lots of forums and lots of pople in my situation whent back anyway and try and they whent through.nothing happen to them expet for some that told the officer how long they where out, and then didnt passe the immigration.

Actually it does matter... If they had a 2 yr conditional GC then there's a chance that they were deported in absentia since they obviously didn't file to remove conditions!

thanks

[JimVaPhuong 4,863]

thanks for your repply.

I red lots of forums and lots of pople in my situation whent back anyway and try and they whent through.nothing happen to them expet for some that told the officer how long they where out, and then didnt passe the immigration.

Be careful basing your decision on the anecdotal experience of anonymous people who post on the internet (including me). Some of the people who said that "nothing happened" may be lying to you. Unless you left the US back in the digital stone age, odds are pretty good that DHS knows when you left the US, and when you try to reenter they'll know how long you've been gone. As Bob mentioned, if you had a conditional green card then it wouldn't matter when or if you left the US - not applying to remove conditions would automatically result in your green card being cancelled.

Sounds like you've got three options:

1. Buy and ticket and take your chances. They might let you in without any questions (odds are slim, in my opinion). They might deny you entry, turn you around, and put you on a plane back to France (odds are high, in my opinion). They might parole you into the US so you can make an appeal to an immigration judge (odds are remote, in my opinion).

2. Try to get a returning resident visa from a US consulate. You'll need to prove that the reason you stayed abroad more than a year was unforeseen, and beyond your control. They're required to consider the length of time you've been outside the US when weighing the validity of your reasons. For three years you'd practically need something like you were kidnapped by the French Mafia and held for ransom, and just recently managed to escape.

3. Stay in France.

Of the three options, only #3 has a 100% chance of success.

[stephg 0]

Be careful basing your decision on the anecdotal experience of anonymous people who post on the internet (including me). Some of the people who said that "nothing happened" may be lying to you. Unless you left the US back in the digital stone age, odds are pretty good that DHS knows when you left the US, and when you try to reenter they'll know how long you've been gone. As Bob mentioned, if you had a conditional green card then it wouldn't matter when or if you left the US - not applying to remove conditions would automatically result in your green card being cancelled.

Sounds like you've got three options:

1. Buy and ticket and take your chances. They might let you in without any questions (odds are slim, in my opinion). They might deny you entry, turn you around, and put you on a plane back to France (odds are high, in my opinion). They might parole you into the US so you can make an appeal to an immigration judge (odds are remote, in my opinion).

2. Try to get a returning resident visa from a US consulate. You'll need to prove that the reason you stayed abroad more than a year was unforeseen, and beyond your control. They're required to consider the length of time you've been outside the US when weighing the validity of your reasons. For three years you'd practically need something like you were kidnapped by the French Mafia and held for ransom, and just recently managed to escape.

3. Stay in France.

Of the three options, only #3 has a 100% chance of success.

haha thanks for your info. i will probably try option 1:) option 3 is not for me. i was thinking going to us by flying to onterio canada then taking the train, maybe is a better chance maybe the immigration are not so strict because they just walking in the train to check passport? what you think?

[Penguin_ie 5,996]

If anything, I'd fly via Dublin, Ireland- they tend to be very friendly there, and it is less travel home if you get rejected.

[stephg 0]

If anything, I'd fly via Dublin, Ireland- they tend to be very friendly there, and it is less travel home if you get rejected.

thanks for your info.

well they might ask me why i whent to Dublin from france then going to canada? and a flyght from paris to Montreal is only 445 euro one way so its a gread deal no?

[Penguin_ie 5,996]

You wouldn't need to fly via Canada- Dublin does US immigration.

The flight price is ok... I have seen cheaper, but it's not horribly expensive.

[stephg 0]

You wouldn't need to fly via Canada- Dublin does US immigration.

The flight price is ok... I have seen cheaper, but it's not horribly expensive.

thanks i will check it ou

[JimVaPhuong 4,863]

haha thanks for your info. i will probably try option 1:) option 3 is not for me. i was thinking going to us by flying to onterio canada then taking the train, maybe is a better chance maybe the immigration are not so strict because they just walking in the train to check passport? what you think?

They're not going to presume you're a Canadian just because you're entering from Canada. If you present a French passport then you're going to have to clear immigration. You might get away with it if you present your green card (presuming it's not expired), but they're probably going to ask when you left the US. If they decide to check you through their computer system then you're caught.

What you're suggesting is that you'll try to sneak back into the US without getting caught at the border. This might work, but the fact that you were gone for three years is going to be hanging over your head forever. When you apply to renew your green card they might ask about your absence, and when did you return. If you decide to claim you returned in less than a year then they'll demand you to prove it. When you can't they'll conclude you lied to them, revoke your green card, and ban you from the US, possibly for the rest of your life.

Penguin_ie's suggestion to go through Dublin is very good. There is a US immigration pre-clearance station in Dublin. This will give you a chance to see if you can clear US immigration without having to travel all the way to the US. Just make sure you purchase a refundable ticket just in case you're denied.

[stephg 0]

They're not going to presume you're a Canadian just because you're entering from Canada. If you present a French passport then you're going to have to clear immigration. You might get away with it if you present your green card (presuming it's not expired), but they're probably going to ask when you left the US. If they decide to check you through their computer system then you're caught.

What you're suggesting is that you'll try to sneak back into the US without getting caught at the border. This might work, but the fact that you were gone for three years is going to be hanging over your head forever. When you apply to renew your green card they might ask about your absence, and when did you return. If you decide to claim you returned in less than a year then they'll demand you to prove it. When you can't they'll conclude you lied to them, revoke your green card, and ban you from the US, possibly for the rest of your life.

Penguin_ie's suggestion to go through Dublin is very good. There is a US immigration pre-clearance station in Dublin. This will give you a chance to see if you can clear US immigration without having to travel all the way to the US. Just make sure you purchase a refundable ticket just in case you're denied.

ahh..ok i will think about that. i didn't think that they would check that because if im in the usa they probably know that i i was not out so long because im back right?

and i see now about taking a flyght out of Dublin. they don't do it from france if i decided to go paris NY? what about if i do paris canada maybe canada will because i will only take one way same for NY one way only.

thanks for your info.

[Sergi9 110]

ahh..ok i will think about that. i didn't think that they would check that because if im in the usa they probably know that i i was not out so long because im back right?

and i see now about taking a flyght out of Dublin. they don't do it from france if i decided to go paris NY? what about if i do paris canada maybe canada will because i will only take one way same for NY one way only.

thanks for your info.

I don't see how this will work in any scenario. What passport did you leave on and which one will you return on? That might be an issue to consider as well.

And I thought now it was more than just jumping on a plane, don't you have to do electronic pre-clearance?

You never answered if it was a 10 year green card or a 2 year.