Greencard holder outside of USA 26 months due to Covid, wants to return

[Eastereggsrock 7]

My husband got his greencard in Jan 2018. He is a UK citizen, I am the American. We have been in the UK since OCT 2019, we planned to return in March of 2020 but.... well we were stuck here. I had a baby in Feb 2020. We haven't been able to get her birth certified at the Embassy in London or even apply for a returning visa. The Embassy was shut and now has extremely limited appts. We didn't plan on being here this long. We want to return but aren't sure about being allowed back. Thoughts and experiences are helpful. 

[Boiler 45,581]

He has a 10 year GC?

 

What is your status in the UK?

[Mike E 11,739]

If he has a ten year green card he can just come home. 
 

As for the baby, not enough details provided to advise you.  

Edited December 8, 2021 by Mike E

[Eastereggsrock 7]

He has a 10 year greencard. Even if he has been out of the cou try for over two years you think he can return easily? I mentioned the baby because it is one of the reasons we are stuck in the UK and haven't returned. She has no American paperwork. I have indefinite leave to remain in the UK. 

[Boiler 45,581]

She needs her US Passport obviously.

 

I would not say easily but even if they send him to an IJ and the IJ decided he had abandoned his GC you just re petition him so what is the point.

 

ILR well that sounds like he sponsored you to migrate to the UK so raises a few questions about maintaining the US as his permanent residence. Other things would be like working in the UK.

 

 

 

 

[Eastereggsrock 7]

I got my ILR in the UK in 2008. We were moving the other way. We were planning on being here five months. That didn't happen. We are still trying to get my daughter's CRBA.  I didn't really consider just reapplying for my husband if he is brought before a judge and deemed to have abandoned residency. But that makes sense. 

[Mike E 11,739]

43 minutes ago, Eastereggsrock said:

He has a 10 year greencard. Even if he has been out of the cou try for over two years you think he can return easily?

Yes I think he can return easily. 
 

https://www.aila.org/File/Related/18110604b.pdf
.   

43 minutes ago, Eastereggsrock said:

 

I mentioned the baby because it is one of the reasons we are stuck in the UK and haven't returned. She has no American paperwork. I have indefinite leave to remain in the UK. 

Is the child eligible for a U.K. passport?

[Eastereggsrock 7]

She is eligible for a UK passport. She is/will be a dual citizen.

[Boiler 45,581]

US Citizens are required to enter using their US Passport.

[Mike E 11,739]

18 minutes ago, Eastereggsrock said:

She is eligible for a UK passport. She is/will be a dual citizen.

Get her UK passport.  
 

All of you fly to Canada / Mexico.
 

Then walk into the USA.   Tell the officer the kid is American. 

Edited December 8, 2021 by Mike E

[Eastereggsrock 7]

14 minutes ago, Boiler said:

US Citizens are required to enter using their US Passport.

Yes absolutely, which is why we are here. 

[Mike E 11,739]

16 minutes ago, Boiler said:

US Citizens are required to enter using their US Passport.

They are required to fly on their US passport.  No US citizen is required to present a U.S. passport  to enter the USA by land or sea 

Edited December 8, 2021 by Mike E

[Eastereggsrock 7]

I am most concerned with my husband's long absence from the USA and being allowed back into the country and not losing his lpr status. We want to be back ASAP.

[Boiler 45,581]

Well really up to you what you want to do. Hope for the best plan for the worst.

[Eastereggsrock 7]

8 minutes ago, Boiler said:

Well really up to you what you want to do. Hope for the best plan for the worst.

Thanks. Perhaps I should've asked if this is common or if it is better to abandon the greencard and reapply.