My green card expires on October & over 6 months in India by Aug, what r my options?

[Shankar Chowk]

Hi so my green card expires on October 2020 and I will have stayed in India for over 6 months by August.

What are my options? How do I seek consultation from the local US embassy? Should I just leave for usa as early as possible? Please advise thanks!

[R78]

Green Card Renewals (I-90) can only be done from within the US.

Option 1:
Your best bet (safest and cheapest) is to return to the US before it expires (Oct 2020)
If you return within one year (try to get in before that), you will not have many issues at the border with CBP.

Option 2:
You can still return to the US with a greencard that has expired less than a year:
- If it was a 10 year greencard (The airline reserves the right to not let you board so make sure you have reached out to them first)
- If it was a 2yr greencard and if you have evidence of filing I-751 or I-829. Evidence is the 797 document.

Option 3:
If you are traveling within one year of being outside the country with an expired greencard, you can file an I-131A (Cost is $575) with the consulate and get a boading foil that allows you to re-enter the US. All airlines will accept this document to board

For Options 1-3, I am assuming that you would have stayed outside the US for no more than one year and that your greencard would have expired <1yr.
CBP will be a lot more understanding considering Covid 19 has blocked people from re-entering the US due to no flights. But be prepared to show evidence that you did not abandon status (most recent tax filing, that you still own / rent a house in the US, a utility bill, etc)

Option 4: (only if you have stayed outside the country for >1 yr)
- Apply for a returning resident visa (SB1) at the consulate, get it approved and then travel

[Shankar Chowk]

So the rule is one year’s stay for gc holders outside usa? Last time an officer in airport said six months and got feisty.

[R78]

CBP makes decisions on a case by case basis.
Looks like you've already stayed over 6 months outside the US previously. If the immigration officer made notes in your file, this time around, you'll have a tougher time explaining why you are at it again.

If you return within 6 months, you won't have any problems.

If it's >6 months but <1yr, they can do a lot more questioning about your PR intentions.

[Shankar Chowk]

Hi yes you are right the officer last time mentioned he will make notes in my file. The computer was down then. It’s such an abuse of power that I’m fed up of this gc.

[R78]

Abuse of Power ? It's their job, and they are doing what they should.
As a greencard holder, you have responsibilities to understand the law and how to follow it so you don't get into issues (read online about retaining your greencard).