Re-entering US after 5 years' of absence.

[carlottie317]

Hi!

I badly need an advise regarding my situation right now. I have been out of the US for quite a long time, 5 years to be exact, I don't think I can provide evidence to convince the officer otherwise and I would like to ask or is it good to just fly back to US with my green card and no re-entry permit? As what the other websites tells that absence for more than 2 years is considered of LPR status.

What are my chances? Do I have to surrender my GC? And re-apply for a Tourist Visa maybe? My dad is a US Citizen living in the US.

If the officer determines that I'm not allowed to be a LPR anymore, will he/she simply take my green card away on the spot and allow me to enter as a tourist? Or, might I be sent back right away to the country where my flight originated? Or, even worse, might I be sent to jail / court?

I am confused. I need help. Thank you in advance.

[onavarro]

Hi!

I badly need an advise regarding my situation right now. I have been out of the US for quite a long time, 5 years to be exact, I don't think I can provide evidence to convince the officer otherwise and I would like to ask or is it good to just fly back to US with my green card and no re-entry permit? As what the other websites tells that absence for more than 2 years is considered of LPR status.

What are my chances? Do I have to surrender my GC? And re-apply for a Tourist Visa maybe? My dad is a US Citizen living in the US.

If the officer determines that I'm not allowed to be a LPR anymore, will he/she simply take my green card away on the spot and allow me to enter as a tourist? Or, might I be sent back right away to the country where my flight originated? Or, even worse, might I be sent to jail / court?

I am confused. I need help. Thank you in advance.

My girlfriend is in a similar situation. I'm a US citizen and we both live in Spain right now. She has a green card (LPR status) and she has been away from the US for over 3 years. She has been entering and leaving the US as a tourist because she thought that after being outside of the US for so long she had lost her residency.

Just a few weeks ago at the start of January, we crossed the border to Canada for New Years and on the way back they stopped her and questioned her about her green card. After explaining everything to the officer, they allowed her to enter back into the US as a resident even though she had been living in Spain for the last 3 years (she had no re-entry permit or anything because she was not aware of that option at the time).

So it really comes down to the officer you speak to and your situation. I think entering the US by land might be a bit easier vs the airport but obviously there are no guarantees that you will be let in.