Reentry

[MatheusAlvarenga 0]

I have a 10 year GC expiring in 2026, however I have been living outside of the US for 3 years. Im planning on going back to the US, but everybody I talked to about it says that I already lost my GC. 

So what happens If i board a flight to NYC? my entry gonna be denied??? Im gonna lose my rights to work over there?

 

I can prove that I never wanted to abandon the US ( and I have strong US ties over there ) and I had to stay overseas to take care of my sick mother. However Its been 3 years!

My US citizen husband is living with me overseas

 

What happens when I arrive at the NYC airport?

 

I know I lll probably gonna have to see a judge or something like that, but before that I ll be still allowed to work/travel or no?

 

 

 

 

 

 

 

 

 

Edited May 23, 2021 by MatheusAlvarenga

[Nitas_man 3,100]

You are currently presumed to have “abandoned status”
 

Did you look into SB1?  We were out four years and got one, albeit we left with a travel document which adds weight to “does not intend to abandon”.  You still qualify for immediate immigration benefits, which is the first hurdle. 

 

They can’t take your green card on arrival but they can enter you into removal proceedings

 

They may pressure you into abandoning it but  you don’t have to turn it in.

 

Problem:  If you do apply for SB1 you turn in your green card with your application.  I don’t know if they give it back if you are denied.

 

Your choice:  

 

Risk being put into removal at entry

Risk losing it on SB1 denial

 

The process:

 

 

Edited May 23, 2021 by Nitas_man

[SusieQQQ 11,586]

11 hours ago, MatheusAlvarenga said:

I can prove that I never wanted to abandon the US ( and I have strong US ties over there ) and I had to stay overseas to take care of my sick mother. However Its been 3 years!

My US citizen husband is living with me overseas

Your husband is living with you, you’ve been out for 3 years, curious as to what these “strong ties” might be? 

 

You are presumed to have abandoned your green card if you have been outside the US longer than a year.  Anyway you don’t have to sign the abandonment form that CBP might try persuade you to, you can insist on being paroled in and given the opportunity to plead your case before an immigration judge.