9 years outside the US, do I have any chance?

[udogermany 0]

 

Hello guys, 

 

I lived in the US between 2010-2014. I was married to a US citizen and just in February 2014 I got a 10 year Green Card.

My ex was a very abusive person and was making the things worse and worse, in the end I was afraid about my life because he was getting really aggressive and at one point he broke all my stuff, destroyed our entire house.....I got into a hole of depression and decided to go back to Germany. I came back to Germany in July 2014 ( 9 years ago )

 

Now my GC is about to expire in February 2024 and I was wondering if there is any chance that I can go back to America. I have a good job here in Germany but I really wanted to try to pursue a career in the US

 

About my ties in the US: Friends, like, best friends....and I still have my US bank account and -- I have been filing taxes every year ( I did that because I thought I was supposed to do )--and cultural ties to US I have a lot ( but I know thats not relevant )

 

I was thinking about booking a flight and trying...what worse can happens? can I get arrested ? ( I did not commit any crime ). / Can I have entry denied?? Based on your experiences, what do you think its more likely to happen?

 

I talked to an immigration lawyer years ago and he told me I lost my GC after 1 year outside, but I read some stuff on Reddit about a person coming back after 3 years overseas...I know my case is much complicated but I really wanna try if it is possible

 

thank you

[Mike E 11,739]

26 minutes ago, udogermany said:

Now my GC is about to expire in February 2024 and I was wondering if there is any chance that I can go back to America.

yes

26 minutes ago, udogermany said:

 I still have my US bank account and -- I have been filing taxes every year ( I did that because I thought I was supposed to do )--

This is in your favor

26 minutes ago, udogermany said:

 

I was thinking about booking a flight and trying...what worse can happens?

Worst is you will be given a Notice to Appear to a trial to remove your LPR status. Z

 

26 minutes ago, udogermany said:

can I get arrested ? ( I did not commit any crime )

That would be an egregious abuse of power by CBP. 

26 minutes ago, udogermany said:

 

. / Can I have entry denied??

No

26 minutes ago, udogermany said:

Based on your experiences, what do you think its more likely to happen?

Most likely is you will be admitted as a returning resident as is normal. 

26 minutes ago, udogermany said:

 

I talked to an immigration lawyer years ago and he told me I lost my GC after 1 year outside,

That lawyer should be disbarred

26 minutes ago, udogermany said:

but I read some stuff on Reddit about a person coming back after 3 years overseas...I know my case is much complicated but I really wanna try if it is possible

 

3 years is nothing.

 

However once you arrive in U.S. 

 

* refuse to sign I-407 if invited

* do not leave again until you naturalize

Edited July 29, 2023 by Mike E

[Crazy Cat 41,836]

Get on a plane and fly to the US before the card expires.  If asked, do NOT sign an I-407.  Renew your Green Card from inside the US at the appropriate time.   Welcome back!!!

[Crazy Cat 41,836]

1 minute ago, Mike E said:

yes

This is in your favor

Worst is you will be given a Notice to Appear to a trial to remove your LPR status. Z

 

That would be an egregious abuse of power by CBP. 

No

Most likely is you will be admitted as a returning resident as is normal. 

That lawyer should be disbarred

3 years is nothing.

 

However once you arrive in U.S. 

 

* refuse to sign I-407 if invited

* do not leave again until you naturalize

Agree 100%.  You beat me by less than a minute...😃

[Mike E 11,739]

2 minutes ago, Crazy Cat said:

Renew your Green Card from inside the US at the appropriate time.  

Good point. Card expires in February. So file I-90, online, 6 months before the card expires, keeping in mind the issue of time zones. So in August 2023, file 6 months less a day before card expires, regardless whether OP is in the U.S. or not.

* Use a U.S. address for I-90.

* Disregard anything you have read that says I-90 must be filed from inside the U.S. We know this false, visajourney proved it was false, and this urban myth has mostly died.

[Boiler 45,467]

Sounds weird and I have seen quite a few who have been gone a long time but nobody who has had a problem returning.

[SteveInBostonI130 3,434]

2 hours ago, Crazy Cat said:

Get on a plane and fly to the US before the card expires.  If asked, do NOT sign an I-407.  Renew your Green Card from inside the US at the appropriate time.   Welcome back!!!

 

One interesting thing that I found out is that USCIS guidelines to airlines (common carrier) lists an expired 10 year GC as a valid travel document to be allowed to board a flight to the US.

 

Expired 2 year conditional green cards are not valid without the extension letter.

 

And expired GC will probably lead to more scrutiny by CBP, though.

[WaterLeaf 200]

Idk if Spouse's ex already filed for divorce or something but I guess OP could find out.

Just curious, was OP supposed to file something along the way for separation/divorce or VAWA thing? I may not know what I'm asking but just trying to figure out if OP needed to do something else to add for the GC renewal.

 

I'm giving it a shot of asking, if my memory have this in pieces or not.

[Mike E 11,739]

20 minutes ago, WaterLeaf said:

Idk if Spouse's ex already filed for divorce or something but I guess OP could find out.

Just curious, was OP supposed to file something along the way for separation/divorce or VAWA thing? I may not know what I'm asking but just trying to figure out if OP needed to do something else to add for the GC renewal.

 

I'm giving it a shot of asking, if my memory have this in pieces or not.

OP has a 10 year GC

[WaterLeaf 200]

Just now, Mike E said:

OP has a 10 year GC

With that, OP doesn't have to do any of what I was mentioning?

[Mike E 11,739]

3 hours ago, WaterLeaf said:

With that, OP doesn't have to do any of what I was mentioning?

Without a timeline, it would not be helpful for me to speculate.

The focus now, needs to be on re-entering the U.S.  

[udogermany 0]

6 hours ago, Mike E said:

Without a timeline, it would not be helpful for me to speculate.

The focus now, needs to be on re-entering the U.S.  

 

Im gonna book my flight for next month, Im really ready for a new life in American

 

just not sure what Im gonna tell CBP when they ask me why I never came back.....because the only answer I have is that I was settled in Germany

 

9 hours ago, WaterLeaf said:

With that, OP doesn't have to do any of what I was mentioning?

 

Yes, you are correct! We got divorced in 2020 ( 6 years after I left ) coz he wanted to get married again. "luckily" was during Covid...when everything was shut down in Florida and I did not have to go to the court...I sent him the paperwork by mail...so we are divorced..he mailed me the divorce decree in 2020....was pretty quick during covid

[Mike E 11,739]

1 hour ago, udogermany said:

just not sure what Im gonna tell CBP when they ask me why I never came back.....because the only answer I have is that I was settled in Germany

 

22 hours ago, udogermany said:

My ex was a very abusive person and was making the things worse and worse, in the end I was afraid about my life because he was getting really aggressive and at one point he broke all my stuff, destroyed our entire house.....I got into a hole of depression and decided to go back to Germany

The above is why you left and why you stayed away.

 

1 hour ago, udogermany said:

got divorced in 2020 ( 6 years after I left ) coz he wanted to get married again.

The above is why you feel safe to come back to America. 
 

 

[African Zealot 1,455]

2 hours ago, udogermany said:

just not sure what Im gonna tell CBP when they ask me why I never came back.....because the only answer I have is that I was settled in Germany

Saying you were settled in Germany is not good. Avoid the word settled just in case you do get to immigration court. Remember, you have the right of entry so you can be very vague “example I had a lot going on” without being specific on anything that you can get nailed with in immigration court. 

 

Willkommen!

 

 

[Dashinka 24,488]

I agree with @Mike E, the reason you stayed away was due to you relationship with your now ex.

 

Good Luck!