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jkminney

Out of the US over a year

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Can anyone advise if we have been out of the US for over a year living in Ireland would we need to start the immigration process all over again? We never officially abandoned my husbands green card. We will not quality for a re-entry visa. Any info is appreciated!

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Posted (edited)
5 minutes ago, jkminney said:

Can anyone advise if we have been out of the US for over a year living in Ireland would we need to start the immigration process all over again? We never officially abandoned my husbands green card. We will not quality for a re-entry visa. Any info is appreciated!

Did he have an approved re-entry permit (different than a re-entry visa known as the SB-1) before leaving the USA to live in another country for over a year?

 

 

Edited by Going through

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If you're certain you won't qualify for an SB-1 visa, then there are really 2 options:

 

1) If you have a valid travel document to get to the border, then try to return as-is. CBP may determine that residency was abandoned (the presumption is it was for being abroad over 1 year). If so, then you would need to see an immigration judge before they actually strip LPR status. You will need to show that you've maintained ties to the US and that your intent was to only be abroad temporarily. Given your most recent comment (as I was typing this), it sounds like this does not apply to your case.

 

2) Formally abandon LPR status and get re-petitioned. Since you live in the UK together, presumably you can do DCF, which only takes a few months.

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Just now, jkminney said:

No he didn't. Our intention wasn't to return however we may need to. 

Abandoning Permanent Resident Status https://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence 

You may also lose your permanent resident status by intentionally abandoning it. You may be found to have abandoned your status if you:

  • Move to another country, intending to live there permanently.
  • Remain outside of the United States for an extended period of time, unless you intended this to be a temporary absence, as shown by:
    • The reason for your trip;
    • How long you intended 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 assist you in showing that you intended only a temporary absence.
  • Fail to file income tax returns while living outside of the United States for any period.
  • Declare yourself a “nonimmigrant” on your U.S. tax returns.

 

Most likely, he will have been deemed to have abandoned his LPR status when trying to cross the border using his green card.  

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1 minute ago, jkminney said:

I understand that. So I'm trying to determine would we have to file the I-130 again... Start from scratch? 

To be petitioned again, you would need to abandon LPR status first, which puts you back at square 1. Then the petitioner can file the I-130 to the USCIS office in London directly.

 

Or, if you maintained sufficient ties to the US, you can try to enter and roll the dice. It's definitely cheaper and faster that way, but far from guaranteed.

How long exactly were you abroad? What ties to the US did you maintain?

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6 hours ago, Boiler said:

Ireland has pre inspection so you could just give it a go and see.

 

Not sure what they do, usually if they have an issue you are paroled in or very unlikely held until you see a Judge, the latter would be tricky.

With the pre inspection option at Dublin, I'd give it a try, assuming you can afford to lose the cost of the airfare, if turned away.

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43 minutes ago, NJI751 said:

Buy the cheapest tkt and try. I am very curious to see how this goes.

 

Good luck!

^or a more expensive one that's refundable/reusable at a later date.

 

I'm also curious as to the outcome.

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Try your luck at Dublin preclearance, you never know since admission is at CBP’s discretion. One girl in another forum amazingly got admitted after spending almost 4 years abroad no kidding. She was so certain she was gonna get sent back, but she got admitted after a brief explanation why she spent so much time outside. Again you never know till you try though be prepared to start from scratch as another option.

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