Green Card Holder Returning to the USA after 7 year absence. What's going to happen?

[TexaninTaiwan 0]

I'm American, my wife is French. We went traveling and then ended up staying in Taiwan. 
 

7 years later, we are returning to my home in TX for Christmas, with a 3 year old, and a 2 month old, both USA passport holders. We fly into Houston, if that's important.  
 

I'm looking for any information about what could happen to my wife if she reenters on her green card. 
 

My understanding is that 1 of 4 things could happen. 

1. She's allowed entry with ease. 
2. She's detained, questioned and fined, but allowed to keep residency.
3. She's detained, questioned, her passport confiscated and told to report to Immigration Court. 
4. She's detained, questioned, and surrenders her residency.
 

We plan to move back to the USA permanently in summer 2018 so we don't want to surrender residency. 

Thanks

[JFH 12,190]

My money is on "she will be deemed to have abandoned her residency". 

[GreatDane 366]

5 minutes ago, TexaninTaiwan said:

I'm American, my wife is French. We went traveling and then ended up staying in Taiwan. 
 

7 years later, we are returning to my home in TX for Christmas, with a 3 year old, and a 2 month old, both USA passport holders. We fly into Houston, if that's important.  
 

I'm looking for any information about what could happen to my wife if she reenters on her green card. 
 

My understanding is that 1 of 4 things could happen. 

1. She's allowed entry with ease. 
2. She's detained, questioned and fined, but allowed to keep residency.
3. She's detained, questioned, her passport confiscated and told to report to Immigration Court. 
4. She's detained, questioned, and surrenders her residency.
 

We plan to move back to the USA permanently in summer 2018 so we don't want to surrender residency. 

Thanks

I think she will have her green card considered abandoned. If you want to move back to the US in the summer, I would start filing the paperwork for a CR1 - you'll be starting from scratch and you're already behind if you want to move back by then.

[JFH 12,190]

7 minutes ago, TexaninTaiwan said:

 

We plan to move back to the USA permanently in summer 2018 so we don't want to surrender residency. 

Thanks

This doesn't make sense. Residency is for people who live in the USA. By not living here for 7 years she has abandoned residency whether she likes it or not. Residency is not something you can choose to keep if you move overseas. 

[geowrian 22,337]

6 minutes ago, JFH said:

My money is on "she will be deemed to have abandoned her residency". 

Agreed. Seven years is way too long...over 1 year is an issue in itself. It sounds pretty clear that she actually abandoned residency.

[TexaninTaiwan 0]

2 minutes ago, JFH said:

This doesn't make sense. Residency is for people who live in the USA. By not living here for 7 years she has abandoned residency whether she likes it or not. Residency is not something you can choose to keep if you move overseas. 

Thanks

[TexaninTaiwan 0]

Thanks to everyone for the responses so far. 

Yes, I understand what residency means. Yes, I know that we have not been residents. Yes, I also know it's not a black and white issue. 

There is some discretion at the PoE. A friend's wife holds a green card. She returned after a 5 year absence. She was given a fine and retained her residency. During her 8 hour detainment, the options above were what was explained to her. 

I think you are right that her residency will be deemed abandoned. 

 

[Boiler 45,542]

There is no fine option.

[abum 324]

this is the first time i have heard a GC holder, staying out of the country for years, and received fine at PoE (not sure on what grounds and which law being applied there), and then allowed entry. 

After 1 year of absence from the USA, the GC is not even a valid entry document to be used to enter the USA. 

[geowrian 22,337]

14 minutes ago, abumiqdad said:

this is the first time i have heard a GC holder, staying out of the country for years, and received fine at PoE (not sure on what grounds and which law being applied there), and then allowed entry. 

After 1 year of absence from the USA, the GC is not even a valid entry document to be used to enter the USA. 

LPR status remains until revoked or explicitly abandoned abroad...it doesn't automatically get revoked just be being outside the country for too long. There are quite a number of people who have been admitted with only their green card after 1 year abroad. If it's not too long abroad and they can show they maintained ties and residency in the US, they can be admitted as-is. If that fails and you still don't want to give up your LPR status, the alternative is to argue your case in front of an immigration judge

 

If the OP was out of the US for a little over a year or even maybe 2 years or so, or had some situation where they were either unable to return or never established residency elsewhere, trying to argue the case at POE and possibly an IJ afterwards is one option....assuming they maintained sufficient US ties. After 7 years abroad and having actually established residency abroad, that path has slim to no chance of success.

 

It would be better, IMHO, to formally relinquish the green card prior to travel and then try to obtain a tourist visa (or ESTA assuming they never overstayed in the past...idk how they got residency the first time). Then when ready to immigrate, they can start the process for an IR-1 visa.

[Boiler 45,542]

There is also the SB 1 returning residents visa option.

Edited December 3, 2017 by Boiler

[TexaninTaiwan 0]

1 hour ago, Boiler said:

There is no fine option.

I have talked to a green card holder who paid a fine ($585) and retained residency. 

[TexaninTaiwan 0]

29 minutes ago, geowrian said:

LPR status remains until revoked or explicitly abandoned abroad...it doesn't automatically get revoked just be being outside the country for too long. There are quite a number of people who have been admitted with only their green card after 1 year abroad. If it's not too long abroad and they can show they maintained ties and residency in the US, they can be admitted as-is. If that fails and you still don't want to give up your LPR status, the alternative is to argue your case in front of an immigration judge

 

If the OP was out of the US for a little over a year or even maybe 2 years or so, or had some situation where they were either unable to return or never established residency elsewhere, trying to argue the case at POE and possibly an IJ afterwards is one option....assuming they maintained sufficient US ties. After 7 years abroad and having actually established residency abroad, that path has slim to no chance of success.

 

It would be better, IMHO, to formally relinquish the green card prior to travel and then try to obtain a tourist visa (or ESTA assuming they never overstayed in the past...idk how they got residency the first time). Then when ready to immigrate, they can start the process for an IR-1 visa.

Yeah, I think this is what we are going to do. Do you know much about the ESTA? My wife has only ever entered the country as a resident. She is French with an epassport so qualifies for ESTA. She will go next week to formally abandon residency. 

[Soup Dragon 104]

I don't believe she will be let back after seven years away.   Heck, I got interrogated about 'abandoning residency' after being stationed in Germany for a year on government orders. 

[TNJ17 1,329]

I believe one of the conditions of the green card is you’re not to be out of US territory for 6 months straight or longer. If during those 7 years you kept going back every 5 months then you should be ok. But if she spent more than 6 months without touching US territory her green card is abandoned. I’m not sure what the process is for that, but I’m assuming you’re gonna have to petition to bring your whole family on family visas now.