GREEN CARD HOLDER 7 YEARS OUTSIDE U.S.

[Karim2018 100]

1 hour ago, Paul & Mary said:

Don't sign an I-407 if they ask you to.   That indicates you have voluntarily surrendered it.  Ask for a hearing. 

Got it. Thanks for clarifying!

[Mike E 11,742]

https://www.quora.com/I-am-a-US-green-card-holder-I-need-to-stay-outside-of-the-US-more-than-6-months-What-can-I-do

 

Quote

 

This is my personal experience being an LPR staying outside the US for over 4 yrs. First of all, I’ve been an LPR for 30yrs. I had to leave the US for personal/family reason and didn’t have time to file the proper paperwork before I left. I knew the chances of never getting back in the US was low, actually very low, when I left the US.

 

Each year that passed by, I knew the chances were getting slimmer and slimmer. Then on the 4th yr and my green card was also due to expire, I just took a chance and book a one way ticket back to the US. Worse case scenario was to get denied entry and get sent back.

 

So I arrived in the U.S., CBP took me to a room and questioned me. I presented all my documents and explain to them why I couldn’t come back until now. After about an hr, the CBP officer shook my hand and welcomed me back into the U.S. and to apply for citizenship, which I am now.

 

For anyone in a difficult situation like mine and you must stay longer than a year, don’t give up hope. Make sure to have all your documents. VERY VERY important! As for me, I had an active bank acct, health/auto insurance, and filed my taxes yearly. Also, make sure to have a valid reason and why it was difficult for you to return within the recommended time frame. I think all they’re looking for is whether you call the U.S. your primary resident and you’re just staying abroad temporary, like in my case 4 yrs.

 

 

Before getting an SB-1, I would get the advice of a very experienced and highly rated immigration attorney. My fear (perhaps unfounded), is that during the SB-1 interview, the CO asks for the green card, pockets it, and now the green card holder has no direct way to enter the USA. Only the indirect route is available:  flying to Canada or Mexico, and walking to the border.

 

In absence of legal advice, were it my in that situation, I'd hop on the plane with my green card and take my chances. As others have noted, I would be admitted to the USA, and the only question is whether I'm heading to immigration court. I'll take my chances in court if need be, versus getting thwarted at the USA embassy.

Edited January 27, 2020 by Mike E

[SusieQQQ 11,587]

^i’d say there is a massive difference between someone who was an LPR resident for 30 years and then out the US for 4 (apparently with plenty documentation to explain the absence as well as how ties were maintained), and someone who was resident for one month and then absent for 7 years.

[ProbeGT 47]

On 1/25/2020 at 12:58 PM, Paul & Mary said:

Don't sign an I-407 if they ask you to.   That indicates you have voluntarily surrendered it.  Ask for a hearing. 

Has this actually happened?