Green Card Help

[Soniak 0]

Hello, 

i have a permanent green card but have been out of the US for more then 1 year. Actually for 13 months. I am a 70 yr old female coming from Australia with Pakistani nationality. 

Should I expect issues while reentering. Is there something I need to do before coming to make the reentry easy? 

[Just Paul 4,591]

17 minutes ago, Soniak said:

Hello, 

i have a permanent green card but have been out of the US for more then 1 year. Actually for 13 months. I am a 70 yr old female coming from Australia with Pakistani nationality. 

Should I expect issues while reentering. Is there something I need to do before coming to make the reentry easy? 

Well if you didn't apply for a re-entry permit before you left, the CBP might think that you have abandoned your residency.  If so at the POE don't sign anything and they will give you a notice to appear in immigration court.

[Amadia 711]

Normally, if you are aware that you would be outside of the US for the duration that you have been, you need to be prepared to answer why you were outside for so long since you are a Permanent resident.

Were you outside of US for medical reasons?

[Soniak 0]

My daughter had a child and ended up requiring care for the baby and could not get back up for financial reasons . 

[Boiler 43,433]

Bring evidence of why your stay so long was outside of your control and how you have maintained the US as your permanent residence.

Edited June 28, 2019 by Boiler

[Soniak 0]

What kind of evidence will I need? Doctors records etc? 

[USS_Voyager 1,971]

The main thing is: has you maintained ties to the US during the time you are outside? Did you maintain a residence in the US? Apartment? House? Did you continue to pay rent or mortgage? Did you file tax returns? 

[Amadia 711]

1 minute ago, Soniak said:

My daughter had a child and ended up requiring care for the baby and could not get back up for financial reasons . 

Understood.....life happens  

 

Here is the info from USCIS explaining the perils of not filing for Re-entry permit while in the US before traveling outside of US: 

Your Permanent Resident Card becomes technically invalid for reentry into the United States if you are absent from the United States for 1 year or more.

 

I would suggest having supporting docs with you upon return to the US (maybe grandbaby's birth certificate, proof that your US residence was still being maintained while you were outside of US).

Worse case scenario, you may be asked to voluntarily withdraw your residency and give up your green card. If you refuse to swear an oath with the CBP official, they may remand until you can appear before an immigration judge. It sounds horrible and scary but it is better to state your case during court proceedings.