LPR outside of US for 7 years

[Leavingtofate 2]

Hello, 

 

I have a 10 year green card since 2015 - I was 22 years old at the time and just graduated from a UK university and have been living and working in the UK since (didn't file any tax returns which is really bad and I think will work against me).

 

I have entered the US in 2015 to get my green card but left after a few weeks. I have also entered the US in 2020 before Covid hits to visit my sister (the CBP did ask me why I was gone for so long and gave me a warning but lets me through). I was there for around a month before leaving for the UK. 

 

I have tried applying for jobs in the US throughout these years but didn't manage to get any offers let alone any interviews. However, I started applying to jobs in the US recently and have been getting interviews and I think I'm close to getting a job offer. 

 

I want to ask if I manage to get a US job offer and fly to the US with my green card, will there be a high chance that CBP will deemed that I have abandoned my LPR and issue me with a notice to appear before an immigration judge? If so, what do you think are the chances of the judge deeming that I have abandoned my LPR? 

 

Thank you very much for your help. 

[OldUser 6,608]

Hi @Leavingtofate yes, there is a high chance you may get stopped y CBP and issued NTA unless you sign I-407, abandoning your LPR status on the spot.

 

Though, if you're serious about settling in the US for good, you can take your chance and just attempt flying in. You're an LPR until you give it up or immigration judge takes your status away. Note that you probably would have to hang out in the US for 5-7 years until you naturalize before travelling again (to be safe).

 

Not filing US taxes not only can be a problem from immigration standpoint, but also can cause big problems from IRS.

 

What ties did you have to the US while you were away?

Edited February 7, 2023 by OldUser

[powerpuff 6,683]

With a previous warning, yes the chances are high they will issue an NTA. I don’t see from the post you have maintained any ties to the US or how you will demonstrate you never intended to abandon your LPR status.

[Leavingtofate 2]

Hi @OldUser,

 

Thanks for replying - yes I'm serious about settling down in the US for good once I have a job offer there. 

 

I am afraid I don't have ties to the US apart from having family there like my sister and aunts and cousins. I do have a social security number but do not have properties, bank accounts etc in the US. 

 

 

[iwannaplay54 985]

This is tough.  An SB1 would be summarily denied.  Your ONLY chance is to fly in on the green card, dig your heels in at secondary, and do not under any circumstance sign away your green card.  You need to prepare something to show as many maintained US ties as possible and you need to catch up on filing taxes. You can be treated as resident for tax purposes and exclude foreign earned income and likely won’t owe anything anyway.  I hope you make it but it’s possibly going to be tough.  Good luck.

[Leavingtofate 2]

Hi @powerpuff,

 

Thanks for replying - I am planning to show proof of my US job applications and rejection emails to the CBP officer and also my US job offer (if I get one) to show that I am serious in settling down in the US. 

[iwannaplay54 985]

3 minutes ago, powerpuff said:

With a previous warning, yes the chances are high they will issue an NTA. I don’t see from the post you have maintained any ties to the US or how you will demonstrate you never intended to abandon your LPR status.

Nah we got warned left and flew back a year later with no problem.  They usually just leave a nasty note in your passport.

[powerpuff 6,683]

1 minute ago, iwannaplay54 said:

Nah we got warned left and flew back a year later with no problem.  They usually just leave a nasty note in your passport.

How long were you gone for when you got the warning?

[Leavingtofate 2]

3 minutes ago, iwannaplay54 said:

This is tough.  An SB1 would be summarily denied.  Your ONLY chance is to fly in on the green card, dig your heels in at secondary, and do not under any circumstance sign away your green card.  You need to prepare something to show as many maintained US ties as possible and you need to catch up on filing taxes. You can be treated as resident for tax purposes and exclude foreign earned income and likely won’t owe anything anyway.  I hope you make it but it’s possibly going to be tough.  Good luck.

Hi thanks for replying - do you think I should start filing taxes before I leave for the US? 

[iwannaplay54 985]

Just now, Leavingtofate said:

Hi thanks for replying - do you think I should start filing taxes before I leave for the US? 

I really do.  I filed with foreign earned income using turbotax for several years.  Just follow the menus.

[Crazy Cat 41,812]

14 minutes ago, Leavingtofate said:

will there be a high chance that CBP will deemed that I have abandoned my LPR and issue me with a notice to appear before an immigration judge?

I'd say there is better than 50-50 chance that you will face heavy scrutiny.  It certainly could be seen as abandonment.  The only way to find out is to enter the US.  CBP cannot force you to sign an I-407, but they can refer you to an IJ.

Extended absence.

No taxes filed since receiving Green Card.

Previous Warning

No other actions to maintain residency.

 

 

 

 

 

 

[iwannaplay54 985]

4 minutes ago, powerpuff said:

How long were you gone for when you got the warning?

The nasty note said “out 11 months”.  I saved it as a USCIS souvenir 

I think this one is going to go to court though to be honest. 

Edited February 7, 2023 by iwannaplay54

[powerpuff 6,683]

2 minutes ago, iwannaplay54 said:

The nasty note said “out 11 months”.  I saved it as a USCIS souvenir 

I think that’s a little different than being absent for 5 years when OP got the warning and then another 3 after, brining it to 8 years of absentia.

Edited February 7, 2023 by powerpuff

[iwannaplay54 985]

12 minutes ago, Leavingtofate said:

Hi @powerpuff,

 

Thanks for replying - I am planning to show proof of my US job applications and rejection emails to the CBP officer and also my US job offer (if I get one) to show that I am serious in settling down in the US. 

Thats what USC’s have to show to qualify to get their spouses home.  Working overseas is specifically listed in the “abandonment” column for LPR’s. So is skipping taxes. 
You’ll either slip through at the mercy of an IO or face a slam dunk in immigration court.  This is the reality of where you are right now.

2 minutes ago, powerpuff said:

I think that’s a little different than being absent for 5 years when OP got the warning and then another 3 after, brining it to 8 years of absentia.

I know for sure it is.  We are not misaligned here.

Edited February 7, 2023 by iwannaplay54

[Boiler 45,445]

VJ record is 9 years.