Green Card hasn't expired but i am outside the USA (merged)

[Danny007 0]

Good Morning

My Green card hasn't expired yet but due to health conditions i have stayed outside the USA for more than 1 year. What are my option to re-enter the USA. My husband is a US citizen. Thanks

[Crazy Cat 41,982]

Options:

 

Option:   SB-1, https://travel.state.gov/content/travel/en/us-visas/immigrate/returning-resident.html

Option: Travel to the US with current Green card and plead your case to CBP.  Be prepared to show evidence of maintaining residency while outside the US.

@geowrian probably has a good answer.

[JFH 12,190]

You will need an SB-1 visa and be able to show the embassy that you were not able to return sooner and that you have maintained residence here. I assume you’ve filed tax returns, etc?

[geowrian 22,337]

32 minutes ago, Lucky Cat said:

Options:

 

Option:   SB-1, https://travel.state.gov/content/travel/en/us-visas/immigrate/returning-resident.html

Option: Travel to the US with current Green card and plead your case to CBP.  Be prepared to show evidence of maintaining residency while outside the US.

@geowrian probably has a good answer.

Nope, you pretty much got it.

Either try to return as-is and make the argument to CBP, or try for an SB-1 visa.

 

How long over 1 year are we talking? Months? Years?

What ties have you maintained to the US? Any immediate relatives? (Edit: You did note having a USC spouse)

Edited August 30, 2020 by geowrian

[SusieQQQ 11,587]

39 minutes ago, Danny007 said:

Good Morning

My Green card hasn't expired yet but due to health conditions i have stayed outside the USA for more than 1 year. What are my option to re-enter the USA. My husband is a US citizen. Thanks

Is your husband outside the US with you?

[SusieQQQ 11,587]

17 minutes ago, geowrian said:

Nope, you pretty much got it.

Either try to return as-is and make the argument to CBP, or try for an SB-1 visa.

 

How long over 1 year are we talking? Months? Years?

What ties have you maintained to the US? Any immediate relatives? (Edit: You did note having a USC spouse)

On the “try to return as is” option, note that some airlines are refusing to board green card holders who have been outside the US longer than a year.

 

OP, here is the information on an SB1 returning resident visa.https://travel.state.gov/content/travel/en/us-visas/immigrate/returning-resident.html

Edited August 30, 2020 by SusieQQQ

[Crazy Cat 41,982]

1 minute ago, SusieQQQ said:

On the “try to return as is” option, note that some airlines are refusing to board green card holders who have been outside the US longer than a year.

Interesting.......I didn't realize that they are now assuming the role as CBP...🙂

[SusieQQQ 11,587]

Just now, Lucky Cat said:

Interesting.......I didn't realize that they are now assuming the role as CBP...🙂

The last two times I traveled as a LPR, I was asked to confirm my length of stay outside the US, and I have seen some others report that too. I presume there is some kind of pressure from CBP that has led to that...I doubt they are “voluntarily” assuming that role, any more than they have to check visas, security lists etc before allowing passengers to board.

[Crazy Cat 41,982]

1 minute ago, SusieQQQ said:

The last two times I traveled as a LPR, I was asked to confirm my length of stay outside the US, and I have seen some others report that too. I presume there is some kind of pressure from CBP that has led to that...I doubt they are “voluntarily” assuming that role, any more than they have to check visas, security lists etc before allowing passengers to board.

Interesting.......thanks.....I appreciate your posts!!

[geowrian 22,337]

11 minutes ago, SusieQQQ said:

On the “try to return as is” option, note that some airlines are refusing to board green card holders who have been outside the US longer than a year.

Correct - airlines always have final say.

The Carrier Information Guide, used by airlines as guidelines for boarding, has no such requirement. But the final call still lies with the airline for who they will permit boarding.

[SusieQQQ 11,587]

Just now, geowrian said:

Correct - airlines always have final say.

The Carrier Information Guide, used by airlines as guidelines for boarding, has no such requirement. But the final call still lies with the airline for who they will permit boarding.

I didn’t pursue the issue at all as I had been out for a month and a week respectively on that trip. 
Re final call - sometimes they misread the carrier information guide or are ignorant of all possibilities (seen a couple of people refused with stamped immigrant visa as temp i551], but in those situations the passenger should insist they contact their CBP liaison. That wouldn’t work so well in this case. Depending where OP is, if they decide to try take this route I’d suggest buying a refundable air ticket and using an airport with pre-clearance.

[JFH 12,190]

1 hour ago, Lucky Cat said:

Interesting.......I didn't realize that they are now assuming the role as CBP...🙂

Trying to avoid fines - although they actually won’t happen. Even if the residency has been abandoned the person will still be able to enter and have their chance to stand before an immigration judge as CBP cannot strip them of their status. So the airline won’t be fined for boarding an ineligible person. 

[SusieQQQ 11,587]

6 minutes ago, JFH said:

Trying to avoid fines - although they actually won’t happen. Even if the residency has been abandoned the person will still be able to enter and have their chance to stand before an immigration judge as CBP cannot strip them of their status. So the airline won’t be fined for boarding an ineligible person. 

I assumed that - so it does sound as though CBP wants the airline to just prevent them from the hassle of having to deal with these?? I’ve never seen mention of any official policy on this but as I say - it was asked of me personally, on two different occasions, so I know for sure it happens.

Edited August 30, 2020 by SusieQQQ

[retheem 568]

3 hours ago, Danny007 said:

Good Morning

My Green card hasn't expired yet but due to health conditions i have stayed outside the USA for more than 1 year. What are my option to re-enter the USA. My husband is a US citizen. Thanks

Take a chance and come back. 

[Diane and Chris 651]

6 hours ago, geowrian said:

Correct - airlines always have final say.

The Carrier Information Guide, used by airlines as guidelines for boarding, has no such requirement. But the final call still lies with the airline for who they will permit boarding.

Exactly. The airlines are super diligent in the process of ensuring that all is ok with the passenger. If they make a mistake, there are large fines they must pay. It happened when my husband (then fiancé) came for a visit to the U.S. with me. They failed to notice something that CBP caught when he entered the U.S.