I broke "continuous residency' 13 months outside the US

[AlephAlpha]

Hi everyone .. so shortly to sum it up
i went back home on February 2020 , and stayed here ever since , i'm a gc holder and i applied to remove my conditions back in nov 2018 , there is still no jurisdiction on the case
also i have changed my last name here in my country and i got new Passport , now in my situatio.. where the pandemic also took a big reason why i couldnt go back at the time
if i travel back to the US , What am i going to face? for sure i will be questioned , but will i be allowed to enter and continue to be resident? i know that the naturalization is gone now for years, but will i be able to enter? i understand that im still a resident as long as there was no decision on my case but i know also that i broke continuous residency .. thank you all!

[newacct]

Is your 18-month extension letter already expired? Do you have a Re-entry Permit?

[AlephAlpha]

My extension letter expired , i did not apply for Re-entry permit unfortunately

[newacct]

The consulate will not issue a transportation letter since you have been outside the US for more than 1 year. So I think (unless you can make it to Canada or Mexico and try to enter the US by land) applying for an SB-1 returning resident visa is the only option. Failing that, your spouse would have to petition you to immigrate again from scratch.

[AlephAlpha]

Hi , getting to the US wont be an issue i believe i still have documents to prrof residency , my concern is at the Port .. what the odds would let me in , mexico and canada also good options in case it wont work

[newacct]

Well, I think your main issue would be getting on the flight, because your green card and extension letter are both expired, so what document do you have that lets you board the flight?

If you do manage to make it to a US port of entry, it's possible for the officer to waive your lack of valid document for re-entry, and let you in anyway, if they feel that you have not abandoned residence. If they do not wish to just let you in, they might pressure you to voluntarily sign I-407 to give up your green card. If that happens, you should refuse to sign it, in which case they will give you a Notice to Appear for removal proceedings, where an immigration judge will determine whether you have abandoned residence.

[AlephAlpha]

I have valid b2 visa on my old passport , but the passport has been cut up on its edges because i got new one for changing my last name