Can CBP stop a green card holder entering? (merged)

[African Zealot 1,455]

Immigration has been very lax/lenient on this issue from my experience. I know quite a few friends who were away for over a year, one actually almost two years who came back without a question or minimal questioning. In your case you have a very strong tie that binds here in the USA, a spouse which some of my friends didn’t even have. 

 

My recommendation will to come as soon as you reasonably can, personally in your situation I wouldn’t jump and come running back today or tomorrow just for this if it’s going to be a massive inconvenience or cost.

[ClareHan 0]

Thanks for all the replies. I am probably going to go back before October 14th but if I can't get back within a year of having left does anyone have advice on what to do then. And no I do not have a re-entry permit.

[Boiler 45,516]

Blag it? That is what I would do.

[ClareHan 0]

Has anyone got experience of being out of the USA for more than a year and returning (without a re-entry permit?)

I'm out of the USA and not sure when I'll be able to go back but I dont want to lose my green card.

[designguy 1,179]

Have you maintained ties to the US? Bank account, lease, etc 

[ClareHan 0]

32 minutes ago, designguy said:

Have you maintained ties to the US? Bank account, lease, etc 

I have a US bank account and my husband is a US citizen living in the US.

[designguy 1,179]

What is keeping you from going back? 

[SusieQQQ 11,586]

Dodgy. The airline may or may not let you board, the CBP officer may or may not give you a hard time, possibly even referring you to an immigration judge (I’d think unlikely in your case but who knows). No guarantees on anything. I would make every effort to get back before the year is up.

[ClareHan 0]

I have a green card but I am out of the country and by the time I can get back it may be more than one year (I left in October 2019 and think I wont be able to go back til January 2021). If I arrive in the US having been out of the country  for 15 months, can I be turned around at the airport and sent back to the UK? Or do they have to let me enter and go to my US home but can refer me to immigration court?

Edited September 26, 2020 by ClareHan

[Crazy Cat 41,857]

The longer you wait, the riskier it will be to return.  They could ask you to surrender your GC at POE.  They could also allow you in.   I would investigate an SB-1:  https://travel.state.gov/content/travel/en/us-visas/immigrate/returning-resident.html#3

[Linnn 108]

You should have filed a reentry permit before leaving the US. Back in the day they made me turn in my very first GC.

 

[ClareHan 0]

1 hour ago, Linnn said:

You should have filed a reentry permit before leaving the US. Back in the day they made me turn in my very first GC.

 

Would you mind telling me what happened when you had to turn in your GC? How long had you been out of the country? Did you get your GC back or lose your LPR status and have to apply for another green card?

[carmel34 3,632]

6 hours ago, ClareHan said:

Or do they have to let me enter and go to my US home

If it's more than a year they can refuse entry, at their discretion.  If you still have a US home, bank account, driver's license, tax returns, etc., take all of that evidence with you and give it a try.  If it's a little over a year you might be okay, and you can explain that you have maintained a US domicile while you were away.  If you have a really good reason for staying outside the US for more than a year, they might be sympathetic given the pandemic.  If you try returning in October and are refused entry, you could then go back to the UK and file for a returning resident permit and hope for the best.  I would suggest flying out of Dublin or Shannon airports because they have US CBP pre-clearance.  We have also seen cases when a green card holder was refused entry, and they asked to appear before an immigration judge and were let in.  If none of these tactics work to get you back to the US, you may have to start over with a new petition, visa, etc.  Hopefully that won't happen and you are allowed back in with no problems.  Good luck!

[Linnn 108]

1 hour ago, ClareHan said:

Would you mind telling me what happened when you had to turn in your GC? How long had you been out of the country? Did you get your GC back or lose your LPR status and have to apply for another green card?

We were overseas (retired military father) and then the embassy informed me that my satus ran out right before I was headed to California. So, I had to give up my status because it wasn't reason enough for them that we were there the whole time and took it away

[ClareHan 0]

22 minutes ago, Linnn said:

We were overseas (retired military father) and then the embassy informed me that my satus ran out right before I was headed to California. So, I had to give up my status because it wasn't reason enough for them that we were there the whole time and took it away

So did you lose your green card and later go through the whole visa/green card application process all over again?