GC holder: over 2 year away from US

[Juliana1919 0]

Hi guys

I have the 10 year GC because I was married to an American for 4 years and lived there. After these years my marriage became violent and I went back to my country and divorced from here. I have my GC but I've been here for over 2 years. Is there any chance I can go back?

[Crazy Cat 41,981]

What have you done to maintain US residency?  

[Just Paul 4,595]

3 hours ago, Juliana1919 said:

Is there any chance I can go back?

Not really.  You didn't obtain a re-entry permit first.

Unless the stay outside of the US was beyond your control you could apply for a SB-1 return visa.  Things to consider:

 

Positive items:

DId you take any steps maintaining your residency? File federal tax returns? Maintain insurance, real estate property?

 

Negative Items:

Are you working outside of the US?  

 

[Nitas_man 3,100]

On 5/17/2020 at 9:08 AM, Juliana1919 said:

Hi guys

I have the 10 year GC because I was married to an American for 4 years and lived there. After these years my marriage became violent and I went back to my country and divorced from here. I have my GC but I've been here for over 2 years. Is there any chance I can go back?

I do not see a path back for you.  Your eligibility for immigration benefits which would qualify you for SB1 ended when you divorced and there is no reason beyond your control that you could have not returned to the US within a year.

 

Edited May 21, 2020 by Nitas_man

[mmsk 9]

SB -1 visa is the only solution based on the law.

[pm5k 129]

What would happen if the OP tried to fly to the US?  Would they be denied boarding?  Denied entry upon arrival?

[SusieQQQ 11,586]

16 hours ago, pm5k said:

What would happen if the OP tried to fly to the US?  Would they be denied boarding?  Denied entry upon arrival?

Both are possible, though they can’t totally deny entry - but they could be forced to argue the case before an immigration judge. Of course if the airline refuses to board them (last few times i flew on a green card they checked how long I’d been out for) that’s the end of it.