Re-entering the US after 18 months away

[MaChaves]

Hello,
I have been out of the US since 2011 but usually return once or twice a year and never got questioned about why I stayed away for that period of time. However, my last entrance was in January 28th, 2014 and I only stayed for 11 days.

I called an immigration lawyer and he scared the cr** out of me. He told me I was supposed to have applied for a re-entry permit and now that it has been almost 18 months away I might have GC revoked. He told me I was quite lucky those times I entered the US but now things have changed since I stayed longer than 1 year.

My questions are: Has anyone gone through the same situation? I mean, did you ever spend more than 18 months away from the US? Did the USCIS let you in? Did they send you to a judge? what can happen and what are my changes of getting away with it?

Honestly, I have researched a lot and still didn't find anyone in my situation that has given a feedback on whether they were allowed in or not.
Please help me out!!!

[Bastad]

Hello,
I have been out of the US since 2011 but usually return once or twice a year and never got questioned about why I stayed away for that period of time. However, my last entrance was in January 28th, 2014 and I only stayed for 11 days.

I called an immigration lawyer and he scared the cr** out of me. He told me I was supposed to have applied for a re-entry permit and now that it has been almost 18 months away I might have GC revoked. He told me I was quite lucky those times I entered the US but now things have changed since I stayed longer than 1 year.

My questions are: Has anyone gone through the same situation? I mean, did you ever spend more than 18 months away from the US? Did the USCIS let you in? Did they send you to a judge? what can happen and what are my changes of getting away with it?

Honestly, I have researched a lot and still didn't find anyone in my situation that has given a feedback on whether they were allowed in or not.
Please help me out!!!

So - you haven't been a resident since 2011. That's basically the truth. A RESIDENT is someone that RESIDES in a given place - in this case, the USA. As you state, you left the US, you live (and work, study, etc) somewhere else in the world. You're not a resident - you just kept your resident card.

Your lawyer did right by scaring the sh*t out of you. The truth is that many, many people do the same thing you do - they get their residency but have no plans to actually LIVE in the US - they go right back to their home country, and "come back once a year to keep the card active". It doesn't work that way. Because the CBP has access to all the records about entry/exit from the US - they perfectly know you don't live in the US, but only come here now and then "to keep the green card valid". And more and more we're seeing this failing - CBP officers asking "residents" where they actually live, and in some cases, cancelling their GCs on the spot.

So what are your choices now:

a) do nothing - travel to the US, hope nothing happens. May or not work

b) own to it, and ask for a SB-1 visa - a returning resident visa. In that case, you should be ready to substantiate why you left the US 18 months ago and wasn't able to return (family emergency, sickness, etc). If refused - that's the end of it, your GC will be cancelled.

So - either one has chances of success and chances of failure. Flip a coin.