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

[broppy 204]

18 hours ago, jle2234 said:

Before abandoning residency, I would consider visiting the U.S. embassy in Taiwan to discuss your options.

Thanks to the One-China policy, there is no US embassy in Taiwan. Visas and citizen services are handled by the American Institute in Taiwan.

[SusieQQQ 11,586]

One of the responsibilities of a green card holder is to file tax returns as a US resident. Did your wife do this the entire time you were in Taiwan? 

 

You’ve spoken to someone who got back in, but you don’t refer anywhere to any official publications. These may give you some more information.

 

https://www.uscis.gov/green-card/after-green-card-granted/international-travel-permanent-resident (particularly see sectionsabout travel outside, and staying outside longer than one year) 

https://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence (particularly see section about the type of factors that may lead to a determination of abandoning residence)

 

 

 

 

[TexaninTaiwan 0]

Thanks to everyone for your time and attention. I really appreciate hearing all of your resonable responses. 

She is going on Thursday to officially abandon residency at AIT. Then, apply for ESTA. Then, worry about moving back and that process next year. 

Yes, as many of you have figured out, fine isn't the right word. I think it was the I-whatever form. 

It's all moot now, we're going with the safe choice. Abandon, ESTA, worry about tomorrow, tomorrow. 

[NikLR 13,227]

Just remember that intending to aos illegal.

 

[Brother Hesekiel 2,236]

I don't post here often anymore (although I answer lots of immigration-related questions every week), but this is a clear-cut case.

 

US residency is considered voluntarily abandoned if the Green Card holder either (1) stays out of the US for a year or longer or (2) establishes residency outside the United States, whatever comes first. If such a Green Card holder pulls out her Green Card after having been out of the US for 7 years, one of two things will happen:

 

1) she will be refused entry,

2) she will be paroled in, with the requirement attached to see an immigration judge.

 

Since somebody who has not been "admitted" (but only paroled in), AoS is not an option.

 

My advice to the OP is simple: file an I-130 NOW, and return with an IR-1 to the US once it's been issued.