Have greencard but have been out of country for 4 years

[ayawdie 0]

My dear, you dont have to start the process over. I have friends with GC who lives in Jamaica, and dont travel for years, and return with NO PROBLEM. Book your ticket and come home when you are ready.

[rika60607 215]

US residency requires that the resident physically reside in the US for at least 6 months of the year in order to maintain said residency. As you have not done that, your residency is considered abandoned. You can do DCF (direct consular filing) for a new green-card, though the consulate in London. Please see VJ's Direct Consular Filing Explained thread, and this page that gives detailed information on the process.

I feel the need to correct the above information:

Maintaining permanent residence - from USICS website:

"You may lose your permanent resident status (green card) if you commit an act that makes you removable from the United States under the law, as described in Section 237 or 212 of the Immigration and Nationality Act (INA) (see the “INA” link to the right). If you commit such an act, you may be brought before an immigration court to determine your right to remain a permanent resident.

Abandoning Permanent Resident Status

You may be found to have abandoned your permanent resident status if you:

* Move to another country intending to live there permanently

* Remain outside of the United States for more than 1 year without obtaining a reentry permit or returning resident visa. However, in determining whether your status has been abandoned, any length of absence from the United States may be considered, even if less than 1 year

* Remain outside of the United States for more than 2 years after issuance of a reentry permit without obtaining a returning resident visa. However, in determining whether your status has been abandoned any length of absence from the United States may be considered, even if less than 1 year

• Fail to file income tax returns while living outside of the United States for any period

• Declare yourself a “nonimmigrant” on your tax returns"

One does not have to be present in the US 6 months out of every year to maintain residency. One has to accumulate 50% time of physical presence in the US over a period of 3 or 5 years and never be gone for longer that 6 months (or 180 days?) in order to qualify for naturalization. Requirements for maintaining residency and for naturalization are simply not the same, but even naturalization does not require that you were physically present in the US for 6 months out of every calendar year.

To the OP - you should probably talk to the US embassy and go by their advise. DCF is quick, don't dispare!

Edited November 11, 2009 by rika60607

[rika60607 215]

Yes,

and I have a friend who's GC was pulled in that situation. However, she was stilled allowed into the US on VWP.

Now that VWP is more strict and requires advance registration, VWP based entry may not happen anymore.

My dear, you dont have to start the process over. I have friends with GC who lives in Jamaica, and dont travel for years, and return with NO PROBLEM. Book your ticket and come home when you are ready.

[Herewegoagain 0]

Wow thanks for all the replies, thanks for putting my mind a little at rest. I've been feeling really down. It's interesting though, when I visited in 2007 I didn't show my GC and I didn't get asked for it either, I didn't know I was doing anything wrong, believe it or not I forgot I had it, I was simply going to visit for 2 weeks so that was that.

It's so daunting to think I'd have to go through the same process again, bearing in mind that my Husband's had to do it all for living here too, and it's just as much of a pain! So to do it a third time is a really sickening feeling.

I still have my social security, wouldn't that allow me back to work? It seems crazy that I've done all the ground work, have been married so long, and have two children with American passports, yet I could get told to stay here while my family go back to America?

It's nice to hear other people's experiences - ayawdie thanks for letting me know about your Jamaican friend, that was uplifting to know! I guess I'll have to think long and hard about what to do, maybe call the embassy for some advice.

[Otto 83]

...

It's so daunting to think I'd have to go through the same process again, bearing in mind that my Husband's had to do it all for living here too, and it's just as much of a pain! So to do it a third time is a really sickening feeling.

The good news is - you've been through the process before and you were approved - second time around should be no different - in fact probably in your benefit.

I still have my social security, wouldn't that allow me back to work? No - but when you get your new PR/Green Card you won't have to apply for a(nother) SS card/#. (SS Card/Number is not work authorization).It seems crazy that I've done all the ground work, have been married so long, and have two children with American passports, yet I could get told to stay here while my family go back to America? Defiantly a pain....

I don't know the answer but I wonder if there is a step (such as file an I-407) you should do before you go ahead and begin DCF (whenever you decide to pursue that). The government still (probably) thinks you're an LPR after all.

[Brother Hesekiel 2,236]

Strictly speaking, you have abandoned your status as a permanent resident. If at any time, under any circumstances, an official ask you a question in this regard, you are in trouble. In trouble because they know, or in trouble because you tell the truth, or in trouble because you lie. In short, you are in trouble.

Entering as a lawful permanent resident under the VWP and not showing the green card is another biggie. If it comes to it, you could argue that in 2007 had already abandoned your residency and were just visiting the US under the VWP. That would be fine, if you now file from scratch again, but only then.

Is it possible that you can "get in" with your current GC, perhaps via car from Canada? Sure, it's possible, although I'm not really confident that it's likely.

What's the worse thing that can happen to you? They send you back at the point of entry. It's also possible that they take your GC away and still let you enter under the WVP, as a tourist for a limited time. Unless the I.O. stamps your passport prohibiting it, you could then adjust status from visitor to LPR via AOS from within the US, as you could safely argue that you had no idea of what had happened when you entered the US.

Whether you want to try to sneak in or not is your personal decision. I probably would, albeit scared sh*tless. But even if you get lucky, what you don't want to do is apply for US citizenship for many years to come, perhaps never, as that would mean opening a can of worms that is filled with deadly predators ready to end your life as you know it. On your N-400 application you would have to state all of your absence from the US since becoming a permanent resident, and if you lied, you'd be . . . as above . . . in big trouble for misrepresentation: an offence that makes you deportable with a ban attached. And if you told the truth, they would take away your GC then and there.

Ironically, the status of a US citizen (thanks to The Kingdom's generous acceptance of dual citizenship) is exactly what would allow you to come and go as you please, as long as you please.

Ironic, indeed.

Edited November 11, 2009 by Just Bob

[Herewegoagain 0]

hmmm lots to think about / worry about as always

Thanks for all the advice!!!

Moral of the story!? Get citizenship before wondering where to live and going back and forth....!!!! D'oh!

[Nik+Heather 122]

DCF really isn't all that bad, and, as I said, can be applied for right now and in her hands before they want to move - she doesn't have to be separated from her family, it's not all that expensive especially when compared with all the other moving costs! and cheaper than trying to AOS from within the states. and it's easy. I don't see why this isn't an open and shut case.

[raina4gy 0]

hmmm lots to think about / worry about as always

Thanks for all the advice!!!

Moral of the story!? Get citizenship before wondering where to live and going back and forth....!!!! D'oh!

That is the moral of the story.. I have been also kicking myself for the past six months during this process also. I think I'm the only other person on VJ right now in your exact situation

[Herewegoagain 0]

DCF really isn't all that bad, and, as I said, can be applied for right now and in her hands before they want to move - she doesn't have to be separated from her family, it's not all that expensive especially when compared with all the other moving costs! and cheaper than trying to AOS from within the states. and it's easy. I don't see why this isn't an open and shut case.

In my experience, it was quite time consuming and expensive - that's why i'm trying to establish if that's the route I have to go down. People have pointed out that it may not be necessary so I'm just trying to figure out the best route to take. I believe I did the DCF originally the first time around so remember it from then. I guess that's why it's not open and shut for me. Like to get lots of opinions and advice before deciding

I dare say I will go down the route of doing it properly, but when I read posts saying that people are out of the country for years and come back with no issues, it's very tempting to think about that route. Half our stuff is still in US in storage (does that count, if half my stuff has never left.... ??)

Good night people

[rika60607 215]

Does not count. You have been away for too long.

Did you file US taxes all this time? 'cause if you did not, you clearly abandoned your permanent residency.

So you could try to sneak in and create a high potential for an epic disaster in the future, or you could go to the US embassy and consult with them on what you should do.

If you do all the paperwork yourself, this is not expensive. Should be less than $1000, including all the forms and a medical exam. Probably 3-4 months wait and in the process you could go visit on VWP.

In my experience, it was quite time consuming and expensive - that's why i'm trying to establish if that's the route I have to go down. People have pointed out that it may not be necessary so I'm just trying to figure out the best route to take. I believe I did the DCF originally the first time around so remember it from then. I guess that's why it's not open and shut for me. Like to get lots of opinions and advice before deciding

I dare say I will go down the route of doing it properly, but when I read posts saying that people are out of the country for years and come back with no issues, it's very tempting to think about that route. Half our stuff is still in US in storage (does that count, if half my stuff has never left.... ??)

Good night people

[*Snowdrop* 604]

I know you said your husband doesn't like it in the UK but before you leave have you considered applying for UK citizenship for him - then when you go back you do US citizenship and after that point you are both duel citizens and can both come and go and live as you please in either country in the future. The only thing that sucks is you have to report your taxes to the US forever but the kind ol' UK lets you off the hook for the years you aren't actually living there.

You may think you don't want to come back to the UK as a family but you never know what you may want/need in the future, as you now realize.

[Allie and Nigel 2]

9 years ago, I was in Canada(native country) for 2 years and came back to the USA on my green card and I told them when they asked how long i was out of the country, I said 8 months...they didnt check and had no issues....and I'm still here and got my citizenship last October..sooo, they probably check you NOW...but THEN...I dont think so....

[Kathryn41 3,205]

Just thinking out loud here - but am curious exactly how the US Government would know the OP has been out of the country this long (and hence, abandoned her PR status; the length of absence would pretty much long ago have fallen into abandonment but..) if she didn't tell them - I mean would CBP actually inspect arrival/departure stamps and calculate how long the OP has been gone (or something similar)?

You don't want to go there. Even hinting that she try to enter with an abandoned greencard is suggesting immigration fraud. It is a violation of TOS to suggest that 'if you don't get caught you should give it a try". The unfortunate part is that it would be the OP who suffered because of your intimated 'advice' and not you. There will definitely be resources available to advise USCIS that the OP has been outside of the US for more than 4 years. It is unfortunate that this has happened but because of choices made by the OP in past years she now needs to deal with the consequences of those choices and re-start the immigration process - without lies or fear of being caught in a lie.

[Kathryn41 3,205]

9 years ago, I was in Canada(native country) for 2 years and came back to the USA on my green card and I told them when they asked how long i was out of the country, I said 8 months...they didnt check and had no issues....and I'm still here and got my citizenship last October..sooo, they probably check you NOW...but THEN...I dont think so....

Again - what you did was illegal and is considered misrepresentation. You haven't been found out in it - yet - but now you must live with the possibility of that lie coming home to roost anytime in the future. The consequence of committing misrepresentation is a lifetime ban from the US. Suggesting - by using your own illegal activity as an example - that the OP consider a similar action is a violation of TOS for Visa Journey. I may also remind you that we have recently discovered that Consulate and USCIS staff do read Visa Journey.