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Green card holder - overstay
I've been away for 7 years and I am planning to go to USA
In May and my green card expire next year.
Will I face trouble for been overstay?
In May and my green card expire next year.
Will I face trouble for been overstay?
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Overstay where?
If you are a Green Card holder and you have been out of the USA for more than 7 years, chances are you green card is no longer valid. So you need to apply for tourist visa. -
This document might be of interest to you. https://cliniclegal.org/sites/defaul...R%20Status.pdfOriginally posted by Amany Joe View Post
You're a permanent resident until a immigration judge orders that you abandoned your permanent resident status. For that to happen, a CBP agent has to give you a NTA (Notice to appear). Sometimes they try to intimidate you and get you to sign a N-407 Record of abandonment of lawful permanent resident status, but you may politely decline and ask for a NTA. You may also say "Only a judge can make a finding of abandonment. LPRs must be put into removal proceedings in order to be found to have abandoned LPR status." Tell the CBP the first sentence and they'll know you know the law and your rights.
They will let you in. I would be very surprised if you are able to enter without being issued a NTA. If you get through like that, well, stay and seriously, stay until your able to file your N-400 application for naturalization. Land/border entry might be easier than an airport.
If you get a NTA, well, you will see a judge before 4 years and 9 months. That's when you would be eligible for naturalization. Therefore, you'd have to lawyer up and find a way to prove that you did not abandon your permanent residency even though you were gone for 7 years straight.
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This thread may also be of interest to you. Read through it. Form your own conclusions.Originally posted by Amany Joe View PostComment
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