Temporarily out of the US for 3 years

[MisterD]

Hi,

Due to personal reason, i have been away from The US for 3 years. Prior to that, i had stayed in The US for 6 years. Now my card is due to expired in 2015. I'm coming back without a reentry permit. The only prove that ties me to the US are my bank account, valid driver license and family. I don't really know what i should do.

Thanks,

MisterD

[rayb]

Mister D,

You have a couple of things to consider:

1. Legally, you have "abandoned" your Green Card status and could be barred from reentry.
2. Sometimes, Immigration staff simply overlook the length of time you have been out if the Green Card has not expired. That would be a risk you would be taking.
3. Sometimes, you are allowed in when it is recognized that you have been out too long, and are given options for a hearing to "decide your fate." Once in, even under those conditions, of a pending hearing, you are better off than being sent back from the Port of Entry.

Hi,

Due to personal reason, i have been away from The US for 3 years. Prior to that, i had stayed in The US for 6 years. Now my card is due to expired in 2015. I'm coming back without a reentry permit. The only prove that ties me to the US are my bank account, valid driver license and family. I don't really know what i should do.

Thanks,

MisterD

[MisterD]

RayB,
Thanks for your prompt reply. I will try my luck and get a one way ticket.

[Project Manager]

I have the same problem. I had to stay outside the US for about the same length. I applied for reinstating my green card submitting a comprehensive dossier explaining the details. I was invited to an "interview" and expected to go over the documents one by one and being in an interview for at least an hour. However, the consular officer glossed over my dossier, made up his mind, called me to the counter, asked me 2-3 questions for formality reasons, and declined my application. Everything lasted 5 minutes. I had not time to explain and clarify. Basically, I drove 400 miles to pick up my documents.

My line of work is US-centric. I help companies make revenue outside the U.S. and mostly my job is done by foreigners residing in the US. So, I am not taking away any job from an American citizen. My life and career revolve around the US.

I am really upset because the consular did not take the time and did not make the effort to look at my case closely. And then he makes such a decision that ruins my life.

I wanted to play by the book and lost. Are there any other steps I can take to have my green card reinstated? Can I submit my documents somewhere else? My GC is still valid for four more months.

Thanks.

[rayb]

You don't need to lose your Green Card status if you have a Reentry Permit and return before being out of the U.S. a full two years. Why would you not consider that option?

Being out of the U.S. more than two years without returning is simply abandonment of your Permanent Resident status, when you did not take advantage of other available options.

-Ray B

I have the same problem. I had to stay outside the US for about the same length. I applied for reinstating my green card submitting a comprehensive dossier explaining the details. I was invited to an "interview" and expected to go over the documents one by one and being in an interview for at least an hour. However, the consular officer glossed over my dossier, made up his mind, called me to the counter, asked me 2-3 questions for formality reasons, and declined my application. Everything lasted 5 minutes. I had not time to explain and clarify. Basically, I drove 400 miles to pick up my documents.

My line of work is US-centric. I help companies make revenue outside the U.S. and mostly my job is done by foreigners residing in the US. So, I am not taking away any job from an American citizen. My life and career revolve around the US.

I am really upset because the consular did not take the time and did not make the effort to look at my case closely. And then he makes such a decision that ruins my life.

I wanted to play by the book and lost. Are there any other steps I can take to have my green card reinstated? Can I submit my documents somewhere else? My GC is still valid for four more months.

Thanks.

[Fracas]

decide your fate

What happens if they let you in, but they said to you to surrender your green card otherwise a judge could do that, becouse I was out of the country for 5 months and the last trip before for 11 months.

I had a child in abroad and I was helping my girlfriend with him, and I didnt know we could stand this long outside the country. Can you help me? I just have apllied to reenter permit so I can go back for 2 years. I am about to go do the biometrics.

Mister D,

You have a couple of things to consider:

1. Legally, you have "abandoned" your Green Card status and could be barred from reentry.
2. Sometimes, Immigration staff simply overlook the length of time you have been out if the Green Card has not expired. That would be a risk you would be taking.
3. Sometimes, you are allowed in when it is recognized that you have been out too long, and are given options for a hearing to "decide your fate." Once in, even under those conditions, of a pending hearing, you are better off than being sent back from the Port of Entry.

[Project Manager]

Setting up business in the US - which visa

You don't need to lose your Green Card status if you have a Reentry Permit and return before being out of the U.S. a full two years. Why would you not consider that option?

Being out of the U.S. more than two years without returning is simply abandonment of your Permanent Resident status, when you did not take advantage of other available options.

-Ray B

Many thanks. Yeah, unfortunately, some stupid decisions can't be rectified.

I found a partner with whom I could set up my own business in the US. -- I have thinking about owning a business for a while, and in my line of business I help American companies go global.

What kind of visa would I need and how long would it take it to receive it? Would my business partner in the US apply for the visa or I?

Thank you.