LPR coming back to the U.S. been abroad for over 2 years

[Ivan3345 1]

LPR with non-expired GC coming back to the U.S., after spending over 2 years abroad. I'm aware of the complication and questioning by CBP but my concern is which choice to make: to take a flight and go thru CBP at the airport or is it safer and easier to fly to Mexico and cross the border by foot or bus?

[Allaboutwaiting 2,503]

Absolutely no difference, it will be the same line of questioning no matter the point of entry. 

There was a recent thread where this exact issue was discussed, and the only real risks are: 

-the airline not letting her fly,

-CBP convincing her on surrendering her residence.

[Rocio0010 5,579]

Absolutely no difference. She’ll be scrutinized anyhow. She should not sign any i407

[Crazy Cat 41,803]

2 hours ago, Ivan3345 said:

LPR with non-expired GC coming back to the U.S., after spending over 2 years abroad. I'm aware of the complication and questioning by CBP but my concern is which choice to make: to take a flight and go thru CBP at the airport or is it safer and easier to fly to Mexico and cross the border by foot or bus?

I would read this carefully:

 

"

Does travel outside the United States affect my permanent resident status?

Permanent residents are free to travel outside the United States, and temporary or brief travel usually does not affect your permanent resident status. If it is determined, however, that you did not intend to make the United States your permanent home, you will be found to have abandoned your permanent resident status. A general guide used is whether you have been absent from the United States for more than a year. Abandonment may be found to occur in trips of less than a year where it is believed you did not intend to make the United States your permanent residence. While brief trips abroad generally are not problematic, the officer may consider criteria such as whether your intention was to visit abroad only temporarily, whether you maintained U.S. family and community ties, maintained U.S employment, filed U.S. income taxes as a resident, or otherwise established your intention to return to the United States as your permanent home. Other factors that may be considered include whether you maintained a U.S. mailing address, kept U.S. bank accounts and a valid U.S. driver’s license, own property or run a business in the United States, or any other evidence that supports the temporary nature of your absence."

[African Zealot 1,455]

Why jump through hoops when the criteria remains the same? Fly in directly IF the airline will let you board.
 

Note you don’t have to volunteer any information to the airline about when you left the USA. The airline is not US Immigration and have no business scrutinizing the admissibility or otherwise of a passenger who presents a valid permanent resident card. Their responsibility is limited to determining if your card is valid, period.

 

As others already pointed out, don’t agree to renounce your permanent residency if pressured upon arrival at the airport. Let them know you will take your chances before an immigration judge.

 

Many times the officers either don’t notice the duration spent abroad, overlook it, or exercise their discretion not to put you into removal proceedings.

 

Good luck!
 

PS: Would be nice to update us how it went down.

[JeanneAdil 6,489]

Steps for the  Mexican Electronic Authorization can be  found at  the following site:

 

https://www.ivisa.com/mexico-blog/mexico-visa-for-the-citizens-of-russia

 

you do have to put in reason for the trip to Mexico so when u say to transit by border to USA ,  it may be scrutinized too for the US visa/ green card

 

but the MEA is usually processed by Mexico in 24 hours with a $20 fee

 

basically i would fly here and explain to CSB at airport POE but that is only a personal opinion

 

Edited January 17, 2022 by JeanneAdil

[millefleur 5,046]

7 hours ago, African Zealot said:

Why jump through hoops when the criteria remains the same? Fly in directly IF the airline will let you board.

I agree with this. Why bother with some round about way via Mexico? If anything, that would just look more suspicious to CBP.

 

Best bet is just fly in, take your chances, be aware of your rights and expect scrutiny, as mentioned in the thread. And please do update us on how it goes.

[Ivan3345 1]

I've got legal advice from my lawyer  who helped me in the past.

 

" Your assessment of the situation is correct. The fact that you have been out of the US for over two years could trigger a charge of abandonment when you try to return to the US. I would expect there to be more flexibility with this as a result of Covid, but I have not had anyone in your situation yet, so I do not know how CBP will handle it.

 

When you travel to the US you should be prepared to explain that the only reason you have been out of the US for so long was due to Covid. You should have with you any available evidence to show that when you left the US you were intending to return in a few weeks or months and not in over two years. You should also have any evidence that would show that you continued to have ties to the US. This would include things like evidence that you have continued to file a US tax return each year, evidence that when you left you had an apartment lease, evidence that when you left you were employed, copies of emails or other commutations with landlords or employers explaining why you are unable to return, etc.

 

Under no circumstances should you sign a I-407 or any other form that references an abandonment of your resident status, and you should refuse to get on a plane and return. If the CBP officer decides to that you are inadmissible, he will issue you a Notice To Appear for Removal Proceedings. He will keep your green card , but he will provide you with temporary evidence of resident status. Keep in mind that a CBP officer cannot take your green card away. Only an Immigration Judge can do that. If they put you into removal proceedings you will remain a permanent resident of the US until an Immigration Judge makes a finding of abandonment. Your only limitation if you are put into removal proceedings is that you will not be able to travel out of the US until the proceedings are terminated, and that could take years with Covid and all the backlogs.

 

If you are put not removal proceedings I can represent you.

 

Finally, if you are not fully vaccinated, please make sure you are before you travel to the US.

 

Best regards,

[Crazy Cat 41,803]

1 minute ago, Ivan3345 said:

I've got legal advice from my lawyer  who helped me in the past.

 

" Your assessment of the situation is correct. The fact that you have been out of the US for over two years could trigger a charge of abandonment when you try to return to the US. I would expect there to be more flexibility with this as a result of Covid, but I have not had anyone in your situation yet, so I do not know how CBP will handle it.

 

When you travel to the US you should be prepared to explain that the only reason you have been out of the US for so long was due to Covid. You should have with you any available evidence to show that when you left the US you were intending to return in a few weeks or months and not in over two years. You should also have any evidence that would show that you continued to have ties to the US. This would include things like evidence that you have continued to file a US tax return each year, evidence that when you left you had an apartment lease, evidence that when you left you were employed, copies of emails or other commutations with landlords or employers explaining why you are unable to return, etc.

 

Under no circumstances should you sign a I-407 or any other form that references an abandonment of your resident status, and you should refuse to get on a plane and return. If the CBP officer decides to that you are inadmissible, he will issue you a Notice To Appear for Removal Proceedings. He will keep your green card , but he will provide you with temporary evidence of resident status. Keep in mind that a CBP officer cannot take your green card away. Only an Immigration Judge can do that. If they put you into removal proceedings you will remain a permanent resident of the US until an Immigration Judge makes a finding of abandonment. Your only limitation if you are put into removal proceedings is that you will not be able to travel out of the US until the proceedings are terminated, and that could take years with Covid and all the backlogs.

 

If you are put not removal proceedings I can represent you.

 

Finally, if you are not fully vaccinated, please make sure you are before you travel to the US.

 

Best regards,

Looks like your attorney read the free advice we had already given you...then repeated it.  😁

[Allaboutwaiting 2,503]

7 hours ago, Crazy Cat said:

Looks like your attorney read the free advice we had already given you...then repeated it.  😁

And we give better advice! 😆

The lawyer contradicted himself saying: "He will keep your green card, but he will provide you with temporary evidence of resident status. Keep in mind that a CBP officer cannot take your green card away."

[PGIG 20]

On 1/17/2022 at 4:38 PM, Ivan3345 said:

LPR with non-expired GC coming back to the U.S., after spending over 2 years abroad. I'm aware of the complication and questioning by CBP but my concern is which choice to make: to take a flight and go thru CBP at the airport or is it safer and easier to fly to Mexico and cross the border by foot or bus?

@Ivan3345 how did ur situation go? My mom will be also in the similar situation soon

[Ban Hammer 13,326]

1 hour ago, PGIG said:

@Ivan3345 how did ur situation go? My mom will be also in the similar situation soon

the OP has not been back on this site in 2.5 years.  this thread is locked to further replies.