after abandonment can we reapply for green card?

[minglevi 0]

So, if a green card holder does not come back, within a year and she does not have reentry permit ... ...it will be considered abandonment?

but after abandonment can we reapply ? lets say after 3 years from now?

or abandonment is permanent?

and as per rules if she left on march 6th 2014 she has to return before sept. 6th 2014 correct?

[Cathi 5,746]

abandonment is permanent and you will have to start the entire process from the beginning

[hmh33 117]

Abandoning your green card, voluntarily or otherwise, doesn't prejudice a future application for an immigrant visa or adjustment of status.

i.e. you would have to go through the whole (or a similar) process again, but having previously held and abandoned permanent residency won't cause problems with the 2nd application.

"and as per rules if she left on march 6th 2014 she has to return before sept. 6th 2014 correct?

It is not strictly the case that she must return before Sept 6th or she definitely loses her green card. It's more complicated and subtle than that. If she returns before Sept 6th, the presumption will be that she has not abandoned residence. Between 6 and 12 months there is no presumption, and CBP may question her to make up their minds. She can present evidence of not abandoning residence, such as US tax returns, evidence of property or ideally a home in the US. After 12 months of contiguous absence, the presumption is that she has abandoned residence, and she would have to present convincing evidence otherwise. In any case even if she can't convince CBP, she would be entitled to be paroled into the US pending a hearing before an immigration judge. However CBP do sometimes try to persuade LPRs they suspect of abandonment to "voluntarily" file I-407 right there at the border. They can be quite persuasive but she is not legally obliged to do so.

[christinahughes 0]

Hello,

I received a greencard via my spouse sponsoring me. In september 2014 I files an i407 and abandoned my greencard. With the thought of the both of us never returning to the usa. I never recieved word that my application was recieved and acknowledged.

We would like to return to theus. What do I do?

Please help

[TBoneTX 45,266]

Oldish thread closed -- recent post above was repeated in another old thread and split off into its own thread. Please post just once on a single topic.