ClareHan

You may remember me from my posts in October about going back to the USA after more than a year away. I'm an LPR but left USA on October 14th 2019. Flying back Monday. With help of a lawyer I've put together lots of documents showing my ties to USA and I have a letter from my doctor and from my therapist stating I was unfit to travel in October. Going through Dublin preclearance to avoid issues in the USA. Do you think I'll be ok?

I am travelling from London to Dublin to Chicago on Monday. I will be carrying my green card, marriage license showing my spouse is an American citizen, and a copy of the presidential proclamation showing I'm exempt from the travel ban. Is this enough to make sure I have no issues during my journey?

I'm travelling home to the USA flying from London to Dublin then on to Chicago. Im a Lawful Permanent Resident of the US. Only two hours between flight 1 arrival at Dublin and flight 2 leaving Dublin. Will this be enough time to ho through US preclearance?

Also, with the current lockdown in both England and Ireland, does anyone know if I'll be asked at any point to provide proof my travel is "essential". I'm travelling home so I consider this essential travel. 

If I fly back in a few days time it will be one year and a few days since I left the USA. Are CBP likely to send me to immigration court? Or just ask me a lot of questions. I'm so scared. How long is it usually til an immigration court date?

2 minutes ago, Airline Pilot said:

My wife had her green card while we lived in the US. I took a job in Montreal where she voluntarily turned in her green card as she took a job with a Canadian airline. We went back and forth to the US for years and never had an issue. Even under Trump there was never ever and issue. 

However once I took a job back in the US (May 2019) we then saw that her being in the US before, being a military spouse, having already worked in the US with a SSAN means nothing anymore. We have had to go through the whole process again which has frankly become a nightmare. Even being told that if we tried an adjustment of status could get her banned for visa fraud was enough that I will regret ever taking the job in Montreal in the first place. 

 

If you plan on ever living in the US again my advice is dont lose it or give it up if possible. If you do I can say from our experience it caused no problem going back and forth as a tourist in 3 plus years.

So would you advise I just fly back as soon as possible even though it will be more than a year since I left the US?

50 minutes ago, Duke & Marie said:

I’d do what @TreasureHunt said.. and apply for re-entry permit 

People told me in another thread I have very little chance of success with applying for a re-entry permit.

I dont know what is best, apply for re-entry permit or surrender green card and apply for spousal visa. I think I'm going to call an immigration lawyer.

I couldn't return on time because of my mental health problems, it wasnt just a case of being disorganized. 

Thanks for the help everyone, I'm incredibly upset over this. 

.If I book a ticket and go back tomorrow 14th October it will be exactly one year since I left. I left 14th October 2019. Will this count as returning within one year?

I dont know what to do.

If I surrender my green card I can do the spousal visa but everyone is telling me not to surrender my green card.

16 minutes ago, TreasureHunt said:

You should try SB-1. Try to get documentation about your mental health problems, and apply for SB-1. They might show you leniency and let you come back as returning resident. Do not surrender your green card. Don't forget to file your income taxes.

 

From State Dept Website:

 

Required Documentation

When applying for a Returning Resident (SB-1) immigrant visa, you should submit the following forms and documents to the U.S. Embassy or Consulate where you will apply:

• A completed Application to Determine Returning Resident Status, Form DS-117
• Your Permanent Resident Card, Form I-551
• Your Re-entry Permit, if available

You must also submit supporting documents that show the following:

• Dates of travel outside of the United States (Examples: airline tickets, passport stamps, etc.)
• Proof of your ties to the United States and your intention to return (Examples: tax returns, and evidence of economic, family, and social ties to the United States)
• Proof that your protracted stay outside of the United States was for reasons beyond your control (Examples: medical incapacitation, employment with a U.S. company, etc.)

I was advised in another thread that sb-1 is unlikely to be successful. 😢

1 minute ago, Lucky Cat said:

No, you cannot start the spousal visa process if you have a green card.   How long do you think it will be before you can return to the US?

I just dont know. And I'm terrified of returning after the one year point and being detained by CBP. That's why I didnt return right now at the last minute. 

11 minutes ago, Lucky Cat said:

No......I edited that post after re-reading the thread.  You already have a green card.  I would return to the US as soon as possible...if your goal is to live with your spouse in the US.  

What if I can't return right now or anytime too soon. I have mental health problems.  That's what stopped me returning. Can we start the spousal visa process without me surrendering my green card or do I have to surrender it first?

2 hours ago, Lucky Cat said:

Have you and your husband started the spousal visa process?  That is the ONLY way to live together in the US.

No we havent. But should I surrender my green card first?

Just now, Lucky Cat said:

I would do everything in my power to return within a year.

Its one year this wednesday. 

1 hour ago, Lucky Cat said:

How long have you been outside the US?

I'm only just coming up to one year outside the usa but I cant get back within a year.

Just now, Mystery 2020 said:

Brb while I check my crystal ball.

 

How is anyone going to know? Apply and find out.

I am hoping to hear from people who've been through the same or similar situation. It's a serious issue to me as I want to be with my husband. Thanks for your sarcasm. 

I spent too long out of the US and sadly I think I will have to surrender (abandon) my green card. After I've done this and received confirmation that my LPR status is abandoned, I want to travel again to America later next year as a regular tourist with an ESTA. Will I have sent difficulty getting an ESTA or will it be straightforward?

20 minutes ago, Boiler said:

Do you have a re entry permit?

When I return I will have been out of the USA just under one year. 

1 minute ago, Boiler said:

Do you have a re entry permit?

No.

I may be flying from the UK to USA within the next few days. I'm a UK citizen with a green card, married to a US citizen. I've been out of the USA just under one year. Interested to hear from people who have arrived at a US airport from abroad (especially the UK) during covid. Was there an enhanced screening process by immigration (CBP) and what did this involve?

What do others think about likelihood of an sb-1 being successful? 

35 minutes ago, NancyNguyen said:

Unless you were in a coma or bedbound, SB-1 is not easy to get. You can try get back to the US normally, worst scenario is that they send you to an immigration court there you can prove it beyond your control (pandemic and health...)

You mean just try to return even if I've been away over a year? Couldn't they make me go back to the UK?

7 hours ago, SusieQQQ said:

You have a number of different threads about this general topic now. Where are you that you cannot return? If it is somewhere with airspace closed, you can investigate repatriation flights. If there are family obligations or similar that are the issue, can you not at least try to fly back for a week or something before your year is up just to pre-empt potential abandonment issues? 
 

 

I have sent you a message.

22 minutes ago, Linnn said:

We were overseas (retired military father) and then the embassy informed me that my satus ran out right before I was headed to California. So, I had to give up my status because it wasn't reason enough for them that we were there the whole time and took it away

So did you lose your green card and later go through the whole visa/green card application process all over again?

1 hour ago, Linnn said:

You should have filed a reentry permit before leaving the US. Back in the day they made me turn in my very first GC.

 

Would you mind telling me what happened when you had to turn in your GC? How long had you been out of the country? Did you get your GC back or lose your LPR status and have to apply for another green card?

I have a green card but I am out of the country and by the time I can get back it may be more than one year (I left in October 2019 and think I wont be able to go back til January 2021). If I arrive in the US having been out of the country  for 15 months, can I be turned around at the airport and sent back to the UK? Or do they have to let me enter and go to my US home but can refer me to immigration court?