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Filed: Other Country: New Zealand
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Posted

I have an interesting situation. Apologies for the lenghthy text. I received a green card via marriage in 2010. I moved out of the USA back to my home country in 2013 but would continue to come back every year. A few times at the airport I was questioned as to why I'm only coming back for 4 weeks a year but was always let back in on my green card. When covid hit my flight was cancelled and I was actually looking to move back again full time in usa. Uncertain about Covid I decided to stay in my home country due to health care and family etc.... Shortly after covid hit, my mother had a massive stroke and I was stuck looking after her. My green card expired in 2020 so I thought I'll never be allowed to return to usa to live again. I was recently offered a very good job in usa from my brother so i reached out to an immigration attorney for options. He told me to apply for a replacement green card using I-90 form. He told me i might have a few outcomes. 1. I get denied.
2. I get an appointment for biometrics which can take months.
3. I get a new green card approved but the wait time is 20 months. 
I decided to try option 3 and apply for a new green card. I applied on the 9th of Jan 2025 and on Jan 12th 2025 I got an update from USCIS that my new green card is approved and is being produced and will be with me in about 1 or 2 weeks.

Now. Here is my issue. I've been out of the usa for 5 years. I have a brand new 10 year green card but I fear that i will not be allowed entry once I fly to usa.

I can show evidence that I was my mothers caregiver from the hospital etc...

Any advice, similar scenarios or suggestions would be greatly appreciated. 

Thanks!

P
 

Posted (edited)
33 minutes ago, myspacebarisbroke said:

Now. Here is my issue. I've been out of the usa for 5 years. I have a brand new 10 year green card but I fear that i will not be allowed entry once I fly to usa.

I can show evidence that I was my mothers caregiver from the hospital etc...

Any advice, similar scenarios or suggestions would be greatly appreciated. 

Thanks!

P
 

More important evidence would be of you:

 

1) Paying US taxes. As LPR you need to file taxes on wordwide income. Did you do it all these years? If yes, download tax return transcripts from IRS website and print out.

2) Did you maintain any bank accounts, brokerage accounts, any other assets in the US? Bring proof of all that.

3) Do you have a job lined up? Do you have a lease or any solid evidence you're coming for good?

 

You can and should bring evidence of taking care of mother, but more importantly you need evidence of ties to the US.

 

If questioned about it, stay positive, kind and do everything to assure you're coming to the US for good.

 

Also, if lucky to reenter, I'd stay in the US until you naturalize if you can. Which would be 5 years from entry.

Edited by OldUser
Posted

You’ll have to be prepared to show that you did not abandon your lawful permanent residence status.   This can be done with tax records, driver’s license records, evidence of maintaining a home/job in the US etc.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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