cancelled green card, exit visa query

[minions2 24]

So my cousin have been out of the country with no exit visa for 10 months now, if he comes back on the 11th month would they let him come back?

If we ask for exit visa would they ask for valid reason like school? Actually his primary reason is to be with gf

[NikLR 13,232]

The reentry permit needs to be obtained before leaving the USA.

Does your cousin still have a green card or did he voluntarily give it up?

If he still has a valid green card he can try to enter, but that does not mean the CBP will allow him to enter.

[Boiler 45,979]

CBP can not refuse him entry. They can detain him orarole him in. IJ makes the call ultimately.

[Penguin_ie 5,996]

How long was he in the USA before he left for the 10 months?

Does he have any proof he still "lives" in the US- lease to home, bills, valid drivers license etc?

[JimmyHou 611]

So my cousin have been out of the country with no exit visa for 10 months now, if he comes back on the 11th month would they let him come back?

If we ask for exit visa would they ask for valid reason like school? Actually his primary reason is to be with gf

See this document: http://www.uscis.gov/sites/default/files/USCIS/Resources/B5en.pdf

I find this a little confusing because the first page says:

A lawful permanent resident (LPR) normally may travel outside the United States and return; however, there are some limitations. A reentry permit can help prevent two types of problems:

Your Permanent Resident Card becomes technically invalid for reentry into the United States if you are absent from the United States for 1 year or more.

Your U.S. permanent residence may be considered as abandoned for absences shorter than 1 year if you take up residence in another country.

The second point makes it sound like you could have a problem unless you can show that you didn't intend to reside in Australia. However, the second page says:

You do not need a reentry permit if you will be outside the United States for less than 1 year. If you have been outside the United States for less than 1 year, you may use your Permanent Resident Card (Form I-551) as your travel document.

Which makes it sound like you won't have any trouble at all. I know several people who were out of the US for between 6 months and a year and didn't have trouble coming back. However, it may be trickier if you can't demonstrate (if asked) that you didn't abandon your status... did you maintain a residence, own a car or a house, pay bills, have a spouse or children here, etc? If you had just got your green card, spent a month in the US and then left for 10 months, that might be trickier.

I noticed you were asking about your cousin... sorry, I addressed everything to "you" instead of "him"

[Dave&Roza 748]

So my cousin have been out of the country with no exit visa for 10 months now, if he comes back on the 11th month would they let him come back?

If we ask for exit visa would they ask for valid reason like school? Actually his primary reason is to be with gf

First, there is no exit visa from the US. You leave. If you are a USC nothing to indicate this. IF you are a GC holder, there is nothing to indicate this. IF you were no a tourist or other type of visa or used the VWP, your I-94 will be updated with your departure information.

You cousin has less than 2 months to enter the US. He should expect to be questioned at length as to the reason for his long absence from the US and whether he maintanined his residency status. Chances are good that he will be allowed to re-enter and I am sure some notation will be placed into his passport. Should he leave shortly after arriving, the next time he MAY find himself in front of an IJ fighting to keep his GC.

Should he go over the 1 year mark, his chancs of gaining re-entry to the US goes down dramatically and the burden of proving that he did not abandon his LPR status shifts to him.

Good luck,

Dave

[minions2 24]

he still has his GC.. he had several jobs here but unfortunately did not last. his car was repo since he lost job.. he went back home for his girlfriend.

i read from different forums that you're still good if you are less than 1 year but won't be able to come back after that if you don't have the re entry permit..

i just don't understand him, just for a girl would ruined his relationship to his family and possibly his future... well, he is an adult and i already warned him.. all of our family were here.. btw, our family is against there relationship. i told him he should come back here and get a job then petition her. but he said he can't stand a day without her.. hopefully he won't regret his decision...