Return after 4 years out of US?

[kazablanka]

Hello,
My dad is an US sitizen and I have GC but I was 4 years out of US.
1. What will happen with me to the airport because I have a ticket already. I have a documents that show why I didnt return on time.
2. There is and difference between my family names coz I'm married already ( in my GC I use only my family and in my new passport I use my name+my husband's name).
I've talked about SB1 visa with the costumer ser.in the nearest US embassy but they didnt tell me anything, just said to send an e-mail with the question and thats it!
What I have to next?

Thanks

[fed_up3]

Sorry, but after 4 years outside the USA your GC is considered abandoned.

[kazablanka]

Will they allow me to enter? Or deport me?

[cafeconleche]

Why did you stay out of the country for 4 years? Did you know that you would lose your GC after 1 year abroad without a re-entry permit? Were you unable to travel to the US because of an illness or something? If not, you can't return with it.

[rayb]

You are telling us that you have "documents that show why I didn't return on time..." I can't imagine any documents that would provide USCIS with an acceptable reason to let you back in after walking away from your U.S. residency status for 4 years.

Perhaps you can give us more information about why you stayed out so long, and/or what will your "documents" prove?

--Ray B

Hello,
My dad is an US sitizen and I have GC but I was 4 years out of US.
1. What will happen with me to the airport because I have a ticket already. I have a documents that show why I didnt return on time.
2. There is and difference between my family names coz I'm married already ( in my GC I use only my family and in my new passport I use my name+my husband's name).
I've talked about SB1 visa with the costumer ser.in the nearest US embassy but they didnt tell me anything, just said to send an e-mail with the question and thats it!
What I have to next?

Thanks

[Tangy Al Attar]

hi

please let me know what happens with you
send me an email on [email protected]

[rayb]

kazablanka and Tangy,

There is a possibility that the original poster might be allowed in, but given an Immigration Court or USCIS adjudication appointment. But I think it more likely she will just be barred from entry and returned to country of origin.

Indeed, she might not be allowed to board the international flight, given that her Green Card is long expired and she won't have a valid visa to go to the U.S. (unless she obtains a "Returning Resident visa."

I asked, in a previous response, for her to elaborate on what evidence she has that might justify her long absence, but no followup response from her.

--Ray B

please let me know what happens with you
send me an email on [email protected]

[kazablanka]

kazablanka and Tangy,

There is a possibility that the original poster might be allowed in, but given an Immigration Court or USCIS adjudication appointment. But I think it more likely she will just be barred from entry and returned to country of origin.

Indeed, she might not be allowed to board the international flight, given that her Green Card is long expired and she won't have a valid visa to go to the U.S. (unless she obtains a "Returning Resident visa."

I asked, in a previous response, for her to elaborate on what evidence she has that might justify her long absence, but no followup response from her.

--Ray B

Hello again. I am in US already!
My green card is not expired and it's valid 5 more years.
Nowhere and nobody had ask for my green card during my flights connection.
NO immigration cort!

[rayb]

You were very lucky. The test usually comes when being processed at the U.S. Port of Entry. If nobody looked at your date stamps and Green Card, you had an unusually good experience.

--Ray B

Hello again. I am in US already!
My green card is not expired and it's valid 5 more years.
Nowhere and nobody had ask for my green card during my flights connection.
NO immigration cort!

[rayb]

Did you receive an entry stamp at the incoming Port of Entry?

---Ray B

You were very lucky. The test usually comes when being processed at the U.S. Port of Entry. If nobody looked at your date stamps and Green Card, you had an unusually good experience.

--Ray B

[cafeconleche]

In that case, you can't apply for naturalisation. I take it you did not lie at the POE because the immigration officer did not ask you how long you've been out. However, you MUST be honest about your trips on your naturalisation application, and when they see you were allowed in after being abroad for 4 years, and you cannot produce a re-entry permit or SB1 visa, then you'll be in big trouble. Unless, there's a 5 year statute of limitations that someone (rayb?) knows of.

[rayb]

I've never heard of a "Statute of Limitations" for immigration or visa violations. I can tell you from personal observed experience that all prior immigration-related procedures are reviewed during the Naturalization application process, and "shortcuts" from years before can come back to haunt the applicant at this point.

The N-400 form requires self-declaration of all trips outside the U.S. since becoming a Green Card holder, though the Naturalization eligibility test is of the prior 5 years' trips.

--Ray B

In that case, you can't apply for naturalisation. I take it you did not lie at the POE because the immigration officer did not ask you how long you've been out. However, you MUST be honest about your trips on your naturalisation application, and when they see you were allowed in after being abroad for 4 years, and you cannot produce a re-entry permit or SB1 visa, then you'll be in big trouble. Unless, there's a 5 year statute of limitations that someone (rayb?) knows of.