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genius_crystal

Go Back USA after 6 years

By genius_crystal in Working & Traveling During US Immigration

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genius_crystal Newbie

genius_crystal   0

Posted
Filed: Timeline
Posted (edited)

Hello,

This is first time i m writing on this form. Here is my problem, I m Pakistani citizen by birth and with the help of my married daughter I got USA green card in 2009. After few time in 2010 I returned back to Pakistan from USA and stay here since that time for almost 6 Years because of my business which needs my attention, my son had bike accident and he lost his legs in this accident thats why I stay here to support him. Now In 2016 i m planning to go back USA again, Is there any problem to go back? can any one help my on this?

regards,

Edited by genius_crystal
MASH Proficient

MASH   172

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

From what I was told if you just got the green card and not citizenship plus left the states for more then a year. That yiu surrendered your green card and have to start from the beginning again

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Boiler Grand Master

Boiler   45,932

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

To visit?

You would need a B2.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Boiler Grand Master

Boiler   45,932

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

You could apply for a SB1 returning residents visa.

Have you been filing taxes?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Unlockable Mentor

Unlockable   7,315

Posted
Filed: Citizen (pnd) Country: Dominican Republic
 Timeline
Posted

OP didn't mention being married to a USC. Said the GC was obtained through his daughter.

OP,

What type of visa? Tourist or family visa?

You have to start all over. Your daughter would have to refile for you again. Unless you are in fact married to an USC. There is no reactivation of a GC, so explaining your situation is not going to help.

Good luck.

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Hypnos Grand Master

Hypnos   6,578

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

As stated, you have abandoned your residency by being outside the US for six years. If you attempt to re-enter on your existing green card, CBP will ask you to voluntarily surrender it at PoE. If you refuse, they will then refer you to immigration court where they will ask an immigration judge to formally revoke your LPR status. After six years, this will basically be a slam-dunk.

It's also possible you would be held in custody until your hearing, but more likely you would be released on your own recognizance until then.

You can try for an SB-1 returning resident visa, but your chances of receiving that are wafer-thin.

You would likely need to formally surrender your green card to the US embassy in Pakistan using an I-407 before you were able to apply for a B-2 visitor's visa.

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TBoneTX Grand Master

TBoneTX   45,910

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

Re-read the last sentence of the post just above yours.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

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12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

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01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

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07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

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genius_crystal Newbie

genius_crystal   0

Posted
Filed: Timeline
  • Author
Posted

Yes you were right I forget to read the last line. Thank you :-)

One Last question, What Happen If I travel by taking ticket from here (Pakistan) to USA? (without surrender my green card) Is there any chance I clear from Immigration in USA Airport without any problem? If not what happen then there?

Boiler Grand Master

Boiler   45,932

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Also covered by previous replies.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

SusieQQQ Grand Master

SusieQQQ   11,587

Posted
Filed: Citizen (apr) Timeline
Posted

Yes you were right I forget to read the last line. Thank you :-)

One Last question, What Happen If I travel by taking ticket from here (Pakistan) to USA? (without surrender my green card) Is there any chance I clear from Immigration in USA Airport without any problem? If not what happen then there?

Clear immigration showing what? Your green card? Read the first bit of the same post you forgot to read the last line of.

Mollie09 Proficient

Mollie09   1,543

Posted
Filed: Citizen (apr) Country: Brazil
 Timeline
Posted

To make it clear:

If you try to enter using your green card, you will not make it past US immigration. There is NO chance the IO isn't going to notice you've been away and effectively surrendered your LPR status. NONE.

Have you been filing US taxes? Maintained a US address? US bank accounts? If the answer to all of those is no, you have NO case. If the answers are yes, you have a very very slight chance that AFTER being put in front of an immigration judge you'd get to keep your green card.

YOU WILL NOT SLIP THROUGH THE CRACKS - that's not possible.

Also, you won't be given a B2 tourist visa without surrendering your LPR first. Very unlikely.

Your daughter would have to file for you again as an IR.

 
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