Returning to America

[lunaff 0]

Hello All

 

I have a 10-year green card and spent a long period outside the USA, I have some doubts about my return.

 

I spent 2 periods of 11 months outside the USA. I had no problem returning, but my lawyer advised me to apply for a Reentry Permit. I applied when I last entered the USA but again I had to leave the country.

My mother was sick and I spent the last 3 years taking care of her. Unfortunately, she passed away last month after a long battle with cancer. And now I'm ready to go back to the USA for good
I am currently 10 months out of the US.

So this is the third time (almost in a row) that I've been away all this time. Obviously I'm very scared of what might happen to me at the Port of Entry. I spent the last few weeks reading a lot about the subject and from what I understand, when I return to the USA, everything may be OK (nothing happens), or they may accuse me of having abandoned the GC, as well as being issued a NTA. I am aware that I might need to show my ties to the US. So I decided to ask a few questions here to see if they could help me better with this matter.

 

1- I live in Georgia, but from what I read in some posts it is safer to arrive via JFK. Does this actually make any sense?

 

2- I am currently in Ireland. Dublin has CBP pre-clearance. Would it be good or bad for me to go through CBP pre-clearance in Dublin? Do you recommend that I go to another European airport?
(To be honest, I'm going to be so scared of CBP in America that I'll spend a 9 hour flight  very sick. I think I'd rather face CBP right here in Ireland...or would I have to face them again on American soil? )

 

3- The fact that I applied for the Reentry permit (even though it has not yet been approved) can somehow help me with my return? (When I applied, I explained that I would need to spend some time away due to my mother being sick).

 

4- Or would it be better for me to wait for the Reentry permit to be approved before returning to the USA? (it seems to be taking around 18 months)

Thank you very much for your help, I'm really trying to avoid as much trouble with CPB as possible. I'm very scared

[Boiler 45,427]

A reentry permit would be good for 2 years.

 

You well get opinions which are worth well...

 

All I can think of is flying back asap.

[Crazy Cat 41,759]

Another vote to fly back asap.  

[Timona 4,207]

Pre clearance 

[OldUser 6,576]

1 hour ago, Timona said:

Pre clearance 

I'd vote no on that

[OldUser 6,576]

1 hour ago, OldUser said:

I'd vote no on that

Just to explain why: because it's easier to get rejected boarding at pre-clearance in foreign location. CBP cannot deny entry to the US to LPR once on US soil.

[mniceguy16 186]

12 hours ago, lunaff said:

Hello All

 

I have a 10-year green card and spent a long period outside the USA, I have some doubts about my return.

 

I spent 2 periods of 11 months outside the USA. I had no problem returning, but my lawyer advised me to apply for a Reentry Permit. I applied when I last entered the USA but again I had to leave the country.

My mother was sick and I spent the last 3 years taking care of her. Unfortunately, she passed away last month after a long battle with cancer. And now I'm ready to go back to the USA for good
I am currently 10 months out of the US.

So this is the third time (almost in a row) that I've been away all this time. Obviously I'm very scared of what might happen to me at the Port of Entry. I spent the last few weeks reading a lot about the subject and from what I understand, when I return to the USA, everything may be OK (nothing happens), or they may accuse me of having abandoned the GC, as well as being issued a NTA. I am aware that I might need to show my ties to the US. So I decided to ask a few questions here to see if they could help me better with this matter.

 

1- I live in Georgia, but from what I read in some posts it is safer to arrive via JFK. Does this actually make any sense?

 

2- I am currently in Ireland. Dublin has CBP pre-clearance. Would it be good or bad for me to go through CBP pre-clearance in Dublin? Do you recommend that I go to another European airport?
(To be honest, I'm going to be so scared of CBP in America that I'll spend a 9 hour flight  very sick. I think I'd rather face CBP right here in Ireland...or would I have to face them again on American soil? )

 

3- The fact that I applied for the Reentry permit (even though it has not yet been approved) can somehow help me with my return? (When I applied, I explained that I would need to spend some time away due to my mother being sick).

 

4- Or would it be better for me to wait for the Reentry permit to be approved before returning to the USA? (it seems to be taking around 18 months)

Thank you very much for your help, I'm really trying to avoid as much trouble with CPB as possible. I'm very scared

Personally, I don't think pre clearance is a good idea as they may easily deny you boarding your flight,  since you will still be home in Ireland it may be easier for them to tell you to start the journey afresh by reapplying for your green card immigration process. Hop in a plane, don't panic, do not surrender your card while here, get all necessary documents regarding your mom's health and in case you get an NTA, you will show the  immigration judge so you can get a favorable outcome. 

[lunaff 0]

21 minutes ago, mniceguy16 said:

Personally, I don't think pre clearance is a good idea as they may easily deny you boarding your flight,  since you will still be home in Ireland it may be easier for them to tell you to start the journey afresh by reapplying for your green card immigration process. Hop in a plane, don't panic, do not surrender your card while here, get all necessary documents regarding your mom's health and in case you get an NTA, you will show the  immigration judge so you can get a favorable outcome. 

 

thank you!!! 

[Dashinka 24,466]

Sorry to hear about your mother.

 

I also echo the "get on a plane as soon as possible" and either fly directly to the US, or fly into Canada and cross by land.  You have not been out of the US for more than a year on this trip, and if CBP questions all your past travels, you have a valid reason, and now that your mother has passed away, you do not expect to maintain this travel pattern.

 

Good Luck!

[Cathi 5,745]

I'm with everyone else, fly back ASAP, don't do pre-clearance. You have a 10 year green card and you've only been out 10 months, they chances of being rejected on U.S soil are unlikely. Bring records of mom's illness and death, just in case.

Sorry for your loss.

[Jawaree 717]

Condolences...get back soon stay positive