Entering USA after 7 years

[asher101 0]

Me along with my whole family went to USA in 2015. At that time, I was 16. After three months we had to return to Pakistan as we had our grandparents in critical situation. Even after they passed away, we never returned to US again. Now its 2022, I'm 23 and thinking of going back to USA. My green card is still valid (passport I traveled with has expired). I wanted to know that if I am still eligible to enter US without any problems with my green card and new passport?

Edited August 27, 2022 by asher101

[Unlockable 7,314]

Yes, there will be problems. Being out of the US for one year is a risk. But 7 years? Your green card will be deemed to be abandoned. You will likely face an immigration judge.

 

https://www.uscis.gov/green-card/after-we-grant-your-green-card/maintaining-permanent-residence

Abandoning Permanent Resident Status

You may also lose your permanent resident status by intentionally abandoning it, including but not limited to:

• Moving to another country and intending to live there permanently;
• Declaring yourself a “nonimmigrant” on your U.S. tax returns; or
• Remaining outside of the United States for an extended period of time, unless it’s a temporary absence, as shown by:
  • The reason for your trip;
  • How long you planned to be absent from the United States;
  • Any other circumstances of your absence; and
  • Any events that may have prolonged your absence.

• Note: Obtaining a re-entry permit from USCIS before you leave, or a returning resident visa (SB-1) from a U.S. consulate while abroad, may help show that you planned for this to be a temporary absence.

Edited August 27, 2022 by Unlockable

[milimelo 4,477]

Didn’t you post a thread about this exact same issue recently? 

[Mike E 11,739]

5 hours ago, asher101 said:

Me along with my whole family went to USA in 2015. At that time, I was 16. After three months we had to return to Pakistan as we had our grandparents in critical situation. Even after they passed away, we never returned to US again. Now its 2022, I'm 23 and thinking of going back to USA. My green card is still valid (passport I traveled with has expired). I wanted to know that if I am still eligible to enter US without any problems with my green card and new passport?

You are an LPR until a judge revokes that status or your relinquish that status. You’ve nothing to lose by simply getting a plane to the USA and seeing what happens.  Legally you age to be admitted.  The only questions are will be admitted as:

 

1. an arriving alien. If so, expect your green card to be seized, a temporary I-551 given to you that serves as a green card until your case is decided, and a notice to appear.  In immigration court.  Lethally should should then be released into the USA to carry about your business which would include hiring an attorney.  
 

2. a returning resident.  Under this scenario you are in great shape.  However given you were gone 7 straight years, you should stay in the USA for file continuous years, file for U.S. citizenship, get your U.S. Citizenship and Passport, and then you will be free to travel.  
 

Things working in your favor;

 

* you were a minor when you left the USA and had no choice about leaving.  
 

* while you are 5 years past age 18 when you presumably were free to come back to the USA, the past 2-3 years of that were during the pandemic when it was difficult to travel.  So realistically you would have been 18-21 or 18-20 when you could  have traveled. Understandably it can take a young person from a developing country time to get money together to be able  both travel and have a few months expenses saved up while establishing themselves as an adult in an expensive developed country.  
 

I think it is probable you will be admitted as a returning resident. I would enter through SFO and use the kiosks that are usually operating.  Travel light.  Carryon  bags only.  You want clothes: go to a thrift store once you arrive in the USA. 
 

If you get sent to secondary inspection, refuse to sign I-407, which is a form for “voluntarily” relinquishing your LPR status. 
 

See:

 

https://www.aila.org/File/Related/18110604b.pdf for break down of the legalities 

 

https://help.cbp.gov/s/article/Article-3671?language=en_US#:~:text=The CBP officer will collect,final determination on your case for CBP’s published policy for returns are long absences 

 

https://www.cbp.gov/sites/default/files/assets/documents/2021-Dec/Reminder- LPR Boarding 20210305.pdf for CBP’s warning to airlines that they should board LPRs with valid green cards 

 

 https://www.visajourney.com/forums/topic/778159-green-card-almost-expired/?do=findComment&comment=10628083 is the conclusion of a story where an LPR was absent for 9 years and returned just before the gc expired.  Later successfully renewed the gc and apparently received it 2 weeks later.  

[Crazy Cat 41,845]

10 hours ago, asher101 said:

Me along with my whole family went to USA in 2015. At that time, I was 16. After three months we had to return to Pakistan as we had our grandparents in critical situation. Even after they passed away, we never returned to US again. Now its 2022, I'm 23 and thinking of going back to USA. My green card is still valid (passport I traveled with has expired). I wanted to know that if I am still eligible to enter US without any problems with my green card and new passport?

You meet the definition of having abandoned your Green Card.  Say hello to the judge. 

Edited August 27, 2022 by Crazy Cat

[Letspaintcookies 2,310]

21 minutes ago, Crazy Cat said:

You meet the definition of having abandoned your Green Card.  Say hello to the judge. 

I too think that this is the more likely scenario. But @Mike E gave a couple great pointers for a good immigration lawyer to work with in case OP has to face a judge. 

[Mike E 11,739]

Just now, Letspaintcookies said:

I too think that this is the more likely scenario. But @Mike E gave a couple great pointers for a good immigration lawyer to work with in case OP has to face a judge. 

I also gave a pointer to someone on VJ with a 9 year absence who was admitted with no drama. You can find dozens or hundreds of these stories on the internet.  
 

I don’t think OP will be seeing a judge.  

[SteveInBostonI130 3,434]

For those who successfully re-entered and kept their LPR status, didn't they have proof of maintaining US residency in the form of bank accounts, filing US taxes, etc?

 

OP, have you been filing taxes, directly and/or as a dependent?  Does your family have any ties they maintained in the US, like bank accounts?

[EM_Vandaveer 2,408]

1 hour ago, SteveInBostonI130 said:

For those who successfully re-entered and kept their LPR status, didn't they have proof of maintaining US residency in the form of bank accounts, filing US taxes, etc?

 

OP, have you been filing taxes, directly and/or as a dependent?  Does your family have any ties they maintained in the US, like bank accounts?

Not necessarily, sometimes it's just goes under the radar, OP certainly has nothing to lose by trying.

[Chancy 6,241]

*** Moved from Embassy/Consulate Discussion to General Immigration-Related Discussion ***

 

[STO Overland 137]

As usual, @Mike E going down the common sense approach together with examples. This site benefits from folks like him and @SusieQQQ