Is there any way to go back to USA and become LPR again after 6 years?

[usa123 1]

Sister of my father sponsored us via F4 category and we went to US in 2015 and in just 3 months we got GC and then for some family reasons we had to come back and never returned to US till date (August 2022)

I have not applied for SB-1 because that is high prone to rejection.

I am 29 yo now and my GC has not yet expired. I wish to return now I have my Aunt still there and an Uncle too.

What are my chances I get admitted into US without any trouble and I keep my GC as well?

Someone suggested to go to Canada first and try to enter by land. Is that so easy? Won't they have some proof of me when did I leave US last time?

The passport i traveled with last time (which has US entry/exit) stamps, has expired, I will have a new passport, does this thing help or make my chances worse?

[Timona 4,207]

GC hasn't expired. You're good 

[Lil bear 4,181]

26 minutes ago, Timona said:

GC hasn't expired. You're good 

But you may be assessed at POE as having abandoned your LPR status because of your extended absence and probable lack of evidence of retaining US domicile during that time. Be prepared by understanding your rights ( you do not have to relinquish your GC or sign a I407) and the process if this happens .. request to be paroled in and referred to an immigration judge who will hear your case and determine if you can retain LPR status.  

[usa123 1]

even if I get paroled in US then do you think I have chance to proof that I had not abandoned LPR? I had bank account in US but that obviously got deactivated, I never filed taxes in US, and have no asset on my name in US

[SalishSea 17,809]

19 minutes ago, usa123 said:

even if I get paroled in US then do you think I have chance to proof that I had not abandoned LPR? I had bank account in US but that obviously got deactivated, I never filed taxes in US, and have no asset on my name in US

You clearly have not maintained any type of domicile in the US.  The assumption would be that you do not want to live in the US, which is what a GC is for, and therefore you abandoned it.

 

I don't think you have much of a chance, honestly.

[bakphx1 789]

Anyone who tells you that crossing by land from Canada has never done it.  But no-there’s no advantage.

[Crazy Cat 41,814]

8 hours ago, usa123 said:

even if I get paroled in US then do you think I have chance to proof that I had not abandoned LPR? I had bank account in US but that obviously got deactivated, I never filed taxes in US, and have no asset on my name in US

You have been out of the US for 6 or 7 years.  You have not done ANYTHING to maintain your residency in the US.  Seems to me that you did abandon your green card.  However, no one knows what will happen when you get to the US border.  You can return and see.  Good luck.

Edited August 6, 2022 by Crazy Cat

[Lil bear 4,181]

5 hours ago, usa123 said:

even if I get paroled in US then do you think I have chance to proof that I had not abandoned LPR? I had bank account in US but that obviously got deactivated, I never filed taxes in US, and have no asset on my name in US

Cant see that you have any evidence that you maintained domicile in the US … so NO .. and honestly why should you be assessed as not maintaining residency ? Clearly there were no actions taken at any time that demonstrate this. It is just the honest hard truth  

[Mike E 11,739]

6 hours ago, usa123 said:

even if I get paroled in US then do you think I have chance to proof that I had not abandoned LPR? I had bank account in US but that obviously got deactivated, I never filed taxes in US, and have no asset on my name in US

You are 29 now and you left the USA in 2015.  

 

2022 - 2015 = 7

 

29 - 7 = 22

 

You 4 years past adulthood when you decided to leave.  
 

I don’t see a strong case. 
 

But really what is the point of your question?

 

Either you will be processed as a returning resident (good) or you will not (bad).  What do you have to lose by trying? Just air fare. If the cost of air fare isn’t worth being an LPR of the USA then being an LPR is clearly not that important to you.  

 

[Dashinka 24,483]

I agree with the others.  If you want to come back, it is time to roll the dice and schedule your trip.  
 

Good Luck!

 

 

[JeanneAdil 6,489]

Have you been working and filing US tax returns for all the years outside the US?

[usa123 1]

Have you been working and filing US tax returns for all the years outside the US?

 

Nope

[nastra30 2,284]

As already suggested, take a big gamble and book a flight to the US and go determine your fate at the POE. If they let you in, then good. If don't want to let in and asks you to sign papers relinquishing your greencard, refuse to sign and they'll let you in and immigration judge will determine your fate.

[bzbee 93]

On 8/6/2022 at 12:24 AM, usa123 said:

Sister of my father sponsored us via F4 category and we went to US in 2015 and in just 3 months we got GC and then for some family reasons we had to come back and never returned to US till date (August 2022)

I have not applied for SB-1 because that is high prone to rejection.

I am 29 yo now and my GC has not yet expired. I wish to return now I have my Aunt still there and an Uncle too.

What are my chances I get admitted into US without any trouble and I keep my GC as well?

Someone suggested to go to Canada first and try to enter by land. Is that so easy? Won't they have some proof of me when did I leave US last time?

The passport i traveled with last time (which has US entry/exit) stamps, has expired, I will have a new passport, does this thing help or make my chances worse?

Disclaimer: I am not a lawyer. This is just my personal opinion and I have no idea about the rules & legalities involved. If you want professional advice, please talk to an US based immigration lawyer. Most lawyers agree to do the initial consult for free. Msg me if you need a couple of referrals, I am in the DFW area.

 

a) Technically, you have abandoned your GC. If you are out of the US for 6-months continuously without prior approval, you are considered to have abandoned your GC, and you fail your "Continuous Residence Requirement". 

 

b) But, there is always a gap between the rules and the implementation. The CBP agents are overworked and may not notice your travel history if you present a valid Greencard. Plus, in most major airports (I know in JFK, LA, ORD, DFW for certain), the immigration queues have been automated. You go to a kiosk and scan in your passport and GC, then answer a couple of questions on the screen and it prints out a slip. You take the slip and join the queue to outside. The agent usually simply collects the slip, doesn't even look at it unless it is flagged.

 

c) The entry from Canada via land is also a good option. I've done it three times - once I walked over from Niagara Falls and walked back. This had the most scrutiny, and was asked when we left US and how long we stayed in Canada etc. (FYI, we left at about 8 AM and came back at 2PM same day). The other two times, we drove in a car stayed for a couple of days and drove back. The agent just counted how many people were in the van, checked the passports and GCs and waved us thru. During one trip, the group had a guy on F1 visa, and the agent asked to see his I-20. But no Qs were asked to the GC holders.

 

IMO, your chances of getting into the US are better than 50-50. It is a gamble I'd take, you just need a bit of luck. If you decide to do the road from Canada thingy, might be better if you enter with a group (instead of alone) - for example, if your Aunt & Uncle can drive up to Toronto or Vancouver, and you drive back to the US with them. Or take one of those tourist buses that go daily from Canada to US, or even a regular train or bus etc.

 

Have your reasons ready as to why you were away for so long. Family emergencies, long sickness, financial upheaval, family troubles etc. etc. - or a combination of the factors, whatever it is, have your story ready with some evidence. If you do get stopped, do not agree to anything, and do not sign any papers. You can ask for a lawyer, have your day in court and present your case to a judge. 

 

As I said, you have a better than 50% chance of entering US without getting stopped. If they catch you, most likely they will detain your for a couple of hours, then parole you into the US and you will have to appear in an immigration court. Worst case, you will be deported back to India.  Legally, as long you have the Greencard in your possession, you have a right to enter the US. The CBP agent may ask you to surrender it, and you should refuse. Do NOT surrender your Greencard.

 

People are ready to do extreme things for a Greencard - wait for decades, spend half a million or more $$ for a EB5 visa, fraudulent marriages etc. And you have one in hand. Don't let it go. Pray to whatever gods you believe in and take your shot. 

 

Note # 1: You can see your travel history using your name and passport -  https://i94.cbp.dhs.gov/I94/#/history-search

 

Note #2: When you leave US by road (to Canada or Mexico), there is no check. AFAIK, no way for US to track that your left the country by road. They only record you enter back in. But you flew out, so there is certainly a record. 

 

Note #3: While you may succeed in entering the US, the issue will not go away. Years down the line when you file for naturalization, they will review your record and it may come up again. So, ideally, you should talk to a lawyer on how best to address your situation.

 

Note #4: See this thread discussing a similar case - https://www.visajourney.com/forums/topic/778159-green-card-almost-expired/

 

Good Luck 🤞

And let us know how it goes.

 

Edited August 7, 2022 by bzbee

[bzbee 93]

12 minutes ago, bzbee said:

 

Note #4: See this thread discussing a similar case - https://www.visajourney.com/forums/topic/778159-green-card-almost-expired/

 

TLDR: The person was away from US for 9 years, and was able to re-enter US via New York one month before the GC expired.