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Re-entry into US after 2.5+ years of absence - LPR situation

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  • Re-entry into US after 2.5+ years of absence - LPR situation

    Hello experts - looking for some guidance on my current situation.

    I have been out of US from Sep 2019 (~33 months), currently took a job in India and planning to enter US in the next couple of weeks, through JFK. I do not have an SB1 or reentry permit. My GC is expiring June 2023. While I am aware that I am at the risk of abandoning my PR, I have the following questions..

    1) I got confirmation from the airlines that they will allow me to board flight from India as long as I've valid passport + unexpired GC. However I want to know if the immigration check (during departure) in India would have any questions due to my extended stay in US, before allowing me to board. Any thoughts on this?

    2) If I manage to get to JFK, at the port of entry, do you think the CBP officers would grant an exception and allow the entry (given the current pandemic situation)?

    3) If I voluntarily sign I-407 at the port of entry, will I be granted a B1/B2 temporary visa and paroled into US (OR) will I be deported? Has anyone had similar experience like this - voluntary abandonment of GC at POE and gaining temporary entry?

    Appreciate opinions on this!!

  • #2
    2. They might or they might not
    3. There is no guarantee. Nonimmigrant entry is always up to the officer. I suggest that if you want to keep your green card, that you refuse to sign I-407, which lets you present your case to the immigration judge in immigration court about why you didn't abandon your green card.

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

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    • #3
      Thanks. I am actually inclined to surrender my GC. While I would love to retain my LPR status, the last 3 years had changed our situation.

      I could submit I407 now from India but do not have enough time to get approval/acknowledgement and get a non immigrant visa, before my intended travel coming up in 2 weeks.

      So in a way, I would like to try my luck by making a trip to check, and if asked, be ready to surrender at POE.

      If that happens, I would like to know on possibility of getting temp visa.

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      • #4
        If you want to abandon the GC , why do you want you to come to US by the way ? Insted of I407, I would apply for travel permission (I 130) to get back to US.

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        • #5
          I took employment in India and need the ability to make short trips to US. My upcoming trip for a period of 3 weeks is planned in couple of weeks, hence the question

          Comment


          • #6
            Folks,

            Just checking if anyone has opinion on the above question?!

            Comment

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