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Green Card holder abroad for 16 months

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  • Green Card holder abroad for 16 months

    Hi,

    I entered the US in November 2015 to secure my family permanent resident status, flew back home, got the physical green cards in January 2016 and traveled back to the US for a few days in March 2016. I have been away since then because I couldn't move to the US right away because I have a kid which was born very premature in March 2015. Under the doctor's recommendations, it was better to get our child under regular supervision for the first 2 years/3 years in the same system/country as it would be safer for the kid. We followed their recommendation saying that it would be temporary, we always had the intent to go and live in the US.

    Now that everything is okay with our child, my wife and I are planning to immigrate before end of the year. My wife traveled there every 5 months since we first entered the US and doesn't have any troubles but for me and our 2 year child, we didn't set foot since March 2016. We didn't apply for a re-entry permit because it would have taken months to complete and we had to do it while in the US - it was not possible.

    A few questions:

    1) Is my green card still valid to re-enter the US? What about the card expiration date (it says 2025, does it matter?)
    2) Do you think I should just fly to the US and if I go for secondary questioning, just explain immigration officers our story? Is there a chance they let me in without problem or will they automatically cancel our green card based on the time spent abroad?
    3) Do you think it's just smarter to apply for an SB-1 Visa?

    What are your recommendations?

    We appreciate your help !
    Thank you

  • #2
    1. The card is valid, but it is not a valid document for re-entry this time because you've been outside for more than a year.
    2. Yes. There is a chance they will let you in, especially if you have a good reason and it's the first time. And if they don't they will ask you to voluntarily sign I-407 to give up your green card. Don't do it. If you refuse, they will temporarily let you in and give you a notice to appear at immigration court for removal proceedings (as the immigration officer lacks the power to revoke your permanent residency). Think of this removal proceedings as a kind of "appeal" of the immigration officer's decision. If you convince the immigration judge that you didn't abandon residence, they will cancel the removal proceedings and you would be resume living as a permanent resident. Immigration court decisions can be further appealed to BIA.
    3. No. It's hard to get an SB-1 visa and visa refusals are non-reviewable.

    This is my personal opinion and is not to be construed as legal advice.

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