Green Card Holder returning USA after staying more than one year outside

[Boiler 45,884]

1 hour ago, Jorgedig said:

So if this is the case, why are there even rules about living in the US with a green card? Why is there even an SB-1?  

 

Sounds like there are no real consequences to 'abandoning' a green card.

If you try and make logical sense of much of this all you will get is a headache, this would not make my top 10.

 

The thing is you do not know the consequences, but if I was going to name one it would be complications if you want to naturalise.

[Mike E 11,742]

18 hours ago, Crazy Cat said:

What am I basing on? LOL!!!  

 

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

 

"A permanent resident (called lawful permanent resident or LPR) or conditional resident (CR) who has remained outside the United States for longer than one year, or beyond the validity period of a Re-entry Permit, will require a new immigrant visa to enter the United States and resume permanent residence. A provision exists under U.S. visa law for the issuance of a returning resident special immigrant visa to an LPR who remained outside the United States due to circumstances beyond his/her control."

https://www.aila.org/File/Related/18110604b.pdf Disagrees.  It was written by lawyers.  

[Mike E 11,742]

8 hours ago, Boiler said:

If you try and make logical sense of much of this all you will get is a headache, this would not make my top 10.

 

The thing is you do not know the consequences, but if I was going to name one it would be complications if you want to naturalise.

Supposition? It is easy to find examples of LPRs who were absent 181 days or more who later tried to naturalize with that 181+ days on their 5 year N-400 travel record.
 

But I’ve never found a case where such an LPR who

 

* waited 4.5 years plus a day to file and

 

* had 30 or months of oh sucks presence in the previous 5 years 

 

who was then denied for breaking continuous 

[Mike E 11,742]

21 hours ago, jppaul said:

Hi,

 

Is there any experience of Anybody returning USA after staying outside for more than one year without re-entry permit?

I am not worried about US port of entry but worried about departing country immigration check and the airlines.

If you have any such experience, please share. Thanks.

 

Answer to Has anyone out there ever re-entered the U.S. with a green card after being out of the country for longer than six months? by Anonymous

 

Answer to Has anyone out there ever re-entered the U.S. with a green card after being out of the country for longer than six months? by Shekar Panchapakesan

 

Answer to Has anyone out there ever re-entered the U.S. with a green card after being out of the country for longer than six months? by Krish Narasimhan

 

Answer to I am a US green card holder. I need to stay outside of the US more than 6 months. What can I do? by Sam Roe

 

[Mike E 11,742]

11 hours ago, Jorgedig said:

So if this is the case, why are there even rules about living in the US with a green card?
 

* To give CBP tools to pressure LPRs who aren’t living in the USA to relinquish their green cards.  Most of the time that is where it ends.  
 

* physical presence and continuous residency rules are enforced for naturalization purposes. 

 

11 hours ago, Jorgedig said:

Why is there even an SB-1?  

To increase the odds that CBP will treat the LPR as a returning resident.

 

11 hours ago, Jorgedig said:

Sounds like there are no real consequences to 'abandoning' a green card.

Other than not being allowed to naturalize until  they stop using a green card as multi entry visa.  

[Boiler 45,884]

I seriously doubt there was that much joined up thinking.

[Mike E 11,742]

On 10/16/2021 at 7:50 AM, jppaul said:

Hi,

 

Is there any experience of Anybody returning USA after staying outside for more than one year without re-entry permit?

I am not worried about US port of entry but worried about departing country immigration check and the airlines.

If you have any such experience, please share. Thanks.

So what happened?