US Greencard holder outside of US for over 2 years

[Mollie09 1,543]

Here is a good summary https://www.aila.org/File/Related/18110604b.pdf

"If CBP believes that you abandoned your U.S. residence and you refuse to sign a Form I-407, CBP must issue you a Notice to Appear (NTA) before an immigration judge who will determine if you have abandoned your U.S. residence. CBP cannot make this decision on its own"

[Boiler 43,401]

1 hour ago, Jorgedig said:

Really?  People on this site always troll the "only USCs are guaranteed entry" line.

Some people? I can think of other situations.

[Dashinka 23,211]

2 hours ago, Mollie09 said:

Here is a good summary https://www.aila.org/File/Related/18110604b.pdf

"If CBP believes that you abandoned your U.S. residence and you refuse to sign a Form I-407, CBP must issue you a Notice to Appear (NTA) before an immigration judge who will determine if you have abandoned your U.S. residence. CBP cannot make this decision on its own"

Agreed, CBP cannot strip anyone of their GC although there are stories where they do try and sometimes succeed.

[Calicolom 265]

Of course a lawyer site would tell you, for $20000.00 we will make you an instant citizen. After you give them the money, they will tell you, sorry it did not work. Lawyers and Doctors are the only ones getting always payed. No matter the outcome. Go argue with Costumes, Immigration, or Border Patrol and see where it will get you.  

[geowrian 22,335]

@Nitas_man has  great experience in the SB-1 process. IIRC, being eligible to be petitioned for an immigrant visa was still necessary, and it sounds like the OP has no such qualifying relative.

Returning on the existing card would be the only realistic option. It would probably involve at least one court date with an IJ, and no guarantees of the final result. If that happens, get a good lawyer.

[Nitas_man 3,100]

On 6/27/2019 at 5:26 AM, Ryouichi7 said:

I like to ask about US greencard, married to US citizen 8 years ago, and divorced him. 

Then, my Dad in Japan had serious illness, I am taking care of him for over 2 years in Japan now. I have been paid income Tax until now. What should I do if I want to go back to US and get a job? Can I just go US and get a job with sightseen visa and my greencard still has 2 years left until expiration date. Anybody knows where I can ask this question to? 

How strong are your US ties?  You have an address?  Vehicle?  Bank account?  Credit card?  US mobile?  

Have you been working in Japan?

Rules say up to one year without a travel document, up to two years with a travel document.  

Travel document gets applied for before you leave.  

Edited July 1, 2019 by Nitas_man

[Nitas_man 3,100]

On 6/27/2019 at 9:01 AM, Ryouichi7 said:

Yes, I called them but could not reach them. I will try again tomorrow, Thank you!

 

I definitely wouldnt advise calling USCIS right now

[Nitas_man 3,100]

On 6/27/2019 at 9:34 AM, Ryouichi7 said:

NO I dont have any children unfortunately. Sibling petition takes that long, then, I will do for returning resident visa. Thank you for your info!!! appreciate it!

You are taking a very high risk.  If denied, you are deemed to have abandoned your green card before you arrive.  Please outline your current ties to the US?  I blogged this process under “living and working” forum.  It is very, very difficult and we are married with two kiddos.  

Edited July 1, 2019 by Nitas_man

[Nitas_man 3,100]

On 6/27/2019 at 2:27 PM, Jorgedig said:

Really?  People on this site always troll the "only USCs are guaranteed entry" line.

https://www.visajourney.com/forums/topic/647647-sb-1-process-blog/#comments

 

Here ya go.  Peruse this.

 

 

[NikLR 13,220]

On 6/27/2019 at 5:12 AM, Falcon Cara said:

You can contact USCIS directly, the phone number is on the website.

 

 

Contacting the USCIS will do nothing.  Don't bother. 

[Falcon Cara 377]

6 hours ago, NikLR said:

Contacting the USCIS will do nothing.  Don't bother. 

They were extremely helpful and had the correct information when I contacted regarding a K1 visa issue, in regards of how to stop the petition a few years ago.

[Nitas_man 3,100]

19 minutes ago, Falcon Cara said:

They were extremely helpful and had the correct information when I contacted regarding a K1 visa issue, in regards of how to stop the petition a few years ago.

You have without question abandoned status, as my wife did and we knew she did.  We never expected approval for a returning resident visa but we gave it a shot anyway because of the gray areas related to the country (Saudi) where we lived.  Impossible for any stay there to be permanent.

 

The issue here is not flagging yourself with USCIS right now.

 

You do not seem to qualify for immigration on a stand alone basis, and an SB1 is an immigrant visa.  You need a sponsor.  They made me re-file a support affidavit for Nita for her SB1, even though her card was good until 2022.  New medical, new police certificate, everything they make you do for an immigrant visa.

 

You have to submit your green card with the SB1 application.  If approved, the next time you see your green card is at your POE when immigration opens the envelope.  If denied?  I do not know if they return it to you but I believe you are risking losing it.  There are two interviews involved, and the first one is when they make the determination as to whether you have abandoned status.  The second is a standard immigrant visa interview.

 

If your US ties are strong enough to make a case with immigration court in the US that may be your only chance to return.  Fly in, refuse to surrender the card, and take the chance that they give you a court date rather than detain you until your hearing.  Your US ties need to be strong.

 

Edited July 1, 2019 by Nitas_man

[Nitas_man 3,100]

12 minutes ago, Nitas_man said:

Correction:  OP has without question abandoned status, as my wife did and we knew she did.  We never expected approval for a returning resident visa but we gave it a shot anyway because of the gray areas related to the country (Saudi) where we lived.  Impossible for any stay there to be permanent.

 

The issue here is not flagging yourself with USCIS right now.

 

You do not seem to qualify for immigration on a stand alone basis, and an SB1 is an immigrant visa.  You need a sponsor.  They made me re-file a support affidavit for Nita for her SB1, even though her card was good until 2022.  New medical, new police certificate, everything they make you do for an immigrant visa.

 

You have to submit your green card with the SB1 application.  If approved, the next time you see your green card is at your POE when immigration opens the envelope.  If denied?  I do not know if they return it to you but I believe you are risking losing it.  There are two interviews involved, and the first one is when they make the determination as to whether you have abandoned status.  The second is a standard immigrant visa interview.

 

If your US ties are strong enough to make a case with immigration court in the US that may be your only chance to return.  Fly in, refuse to surrender the card, and take the chance that they give you a court date rather than detain you until your hearing.  Your US ties need to be strong.

 

 

[NikLR 13,220]

56 minutes ago, Falcon Cara said:

They were extremely helpful and had the correct information when I contacted regarding a K1 visa issue, in regards of how to stop the petition a few years ago.

Totally different issue.