Can a resident return after a year outside the United States?

[Just Paul 4,591]

1 minute ago, Adelarossa02 said:

He does not have much to prove he returned to his home country and now he wants to return to the US because he lost a job that was there!

File a new I-130 and wait the years.  Permanent residency means acting like a permanent resident and not leaving the country.

 

Too bad he didn't wait for the green card / get a replacement.   There were plenty of options that could have been taken months ago.

[SusieQQQ 11,584]

6 minutes ago, Adelarossa02 said:

He does not have much to prove he returned to his home country and now he wants to return to the US because he lost a job that was there!

Well, if he returned to his home country to live and work there then he abandoned residence.

 

He could apply for a replacement plastic card but he will definitely have been out longer than a year by the time he gets it. Shame he waited till the last minute to try regain his options.

 

 

Edited July 28, 2019 by SusieQQQ

[Adelarossa02 26]

2 minutes ago, SusieQQQ said:

Well, if he returned to his home country to live and work there then he abandoned residence.

 

 

so is!  It hurts his bad decision.  Thanks for answering

2 minutes ago, SusieQQQ said:

Well, if he returned to his home country to live and work there then he abandoned residence.

 

 

so is!  It hurts his bad decision.  Thanks for answering

[geowrian 22,335]

Without a valid green card (plastic or via the endorsed visa), it would be very difficult to even board the plane to the US. Technically there is a boarding foil, although IMO it might be best to avoid raising the issue of abandoning residence with the embassy abroad.

 

Even if he could get to the US, given the timeline and information provided, it sounds like he did not establish or maintain ties to the US, so CBP may refer him to an immigration judge to determine if she abandoned status.

It sounds like he decided to remain living abroad.

Did he file his US taxes while working abroad?

[Adelarossa02 26]

1 minute ago, geowrian said:

Without a valid green card (plastic or via the endorsed visa), it would be very difficult to even board the plane to the US. Technically there is a boarding foil, although IMO it might be best to avoid raising the issue of abandoning residence with the embassy abroad.

 

Even if he could get to the US, given the timeline and information provided, it sounds like he did not establish or maintain ties to the US, so CBP may refer him to an immigration judge to determine if she abandoned status.

It sounds like he decided to remain living abroad.

Did he file his US taxes while working abroad?

it did not !

[geowrian 22,335]

1 minute ago, Adelarossa02 said:

it did not !

That would be another negative factor in determining if residence was abandoned. Unfortunately, it doesn't sound like there's a strong case that he remained a permanent resident of the US (if he could even get to the US border).

[JFH 12,189]

Seems odd to wait upwards of 14 years to get the visa to immigrate only to abandon residence after just 16 days here. 

[Nitas_man 3,100]

7 hours ago, Adelarossa02 said:

Apparently it was lost in the mail.  She paid for her green card, but she left and never had it in her hands.

She left

 

7 hours ago, Adelarossa02 said:

He does not have much to prove he returned to his home country and now he wants to return to the US because he lost a job that was there!

He wants to return

 

Your story is not very consistent

[ishatu 45]

He will have to reapply if his visa is expired.

[JFH 12,189]

1 hour ago, ishatu said:

He will have to reapply if his visa is expired.

He/she was a permanent resident. But the I-551 stamp has expired. 

[SusieQQQ 11,584]

3 hours ago, Nitas_man said:

She left

 

He wants to return

 

Your story is not very consistent

I’m assuming the he/she is a second language issue.

I’m also assuming the person was happy to go back home and live there until he lost his job and presumably thought he could keep the US as a backup option. That doesn’t work of course.

 

With never having followed up on the lost green card and the temporary i551 having expired, there is no way he will be allowed to board a plane to the US before the one year absence is up, and so will be deemed to have abandoned residence. With the “intent” circumstances described above, no income taxes having been filed, probably no US driver license or any other form of even a weak tie to the US, it doesn’t look like SB1 is an option. In short, this person had his chance and threw it away. I guess the sibling could file again but it seems kind of pointless at this stage. (Maybe there was at least a derivative involved who’s still in the US that made all the effort worthwhile.)

[Nitas_man 3,100]

37 minutes ago, SusieQQQ said:

I’m assuming the he/she is a second language issue.

I’m also assuming the person was happy to go back home and live there until he lost his job and presumably thought he could keep the US as a backup option. That doesn’t work of course.

 

With never having followed up on the lost green card and the temporary i551 having expired, there is no way he will be allowed to board a plane to the US before the one year absence is up, and so will be deemed to have abandoned residence. With the “intent” circumstances described above, no income taxes having been filed, probably no US driver license or any other form of even a weak tie to the US, it doesn’t look like SB1 is an option. In short, this person had his chance and threw it away. I guess the sibling could file again but it seems kind of pointless at this stage. (Maybe there was at least a derivative involved who’s still in the US that made all the effort worthwhile.)

SB1 isnt an option unless you are eligible for immigration benefits in every other way.  Takes two interviews and the first one is eligibility determination.  Its a tough interview.  We got raked.  Your green card gets turned in with your application for SB1 eligibility and the next time you see that green card is when they open the white envelope and give it back to you at POE AFTER  you go through the actual SB1 visa process and they issue the visa for you to return.  

Fail?  We didnt fail but if we had I believe that if we had it would have been a formal determination of status abandonment and I don’t believe we would have gotten the card back.

When you make a conscious decision to stay out like that it should be with eyes open and you have to be fully prepared to file a new petition and go through the process again.  Spouse?  No big deal.  Brother/sister or other category and it’s a long hard trip back.