Re-enter USA after 2 yrs 8 months (DV Lottery greencard)

[Annanz]

I intend to re-enter USA after 2 yrs and 8 months outside. Is my green card still alive? Should I just try to enter? Thanks.

[Dx134]

Your green card is most likely considered abandoned. You may stand a tiny little chance at retaining it if you maintained very substantial ties to the US (bank accounts, mortgage, immediate family, etc.) and you always intended to return within 1 year but you were unable to because of emergent circumstances beyond your control. If you want to enter the US, you have the following options:
- Apply for a returning resident visa (SB-1) at the embassy in your country. The chances of approval are likely pretty low. If approved by some minor miracle, you can reenter the US with your green card and it won't be considered abandoned.
- Go to the embassy in your country and fill out some paperwork to officially abandon your green card. Subsequently, apply for a visa.
- This third option is something I heard about on these forums and I don't know how well it works... You can use your green card to board your flight to the US; the airlines won't block you. Once at the port of entry, the CBP officer will question your long absence and offer you the chance to abandon your green card (just like at the embassy) and request to withdraw your application to admission into the US. If you sign that paperwork, you won't be allowed to enter and you'll be put on a flight back; if you don't sign it you'll likely be paroled into the US and put into removal (deportation) proceedings. You may or may not be able to convince an immigration judge to allow you to retain your green card. You'll likely need a good lawyer...