Green card holder out for less than 2 years without permit and married to US Citizen

[dachmt]

Hi,

I am a green card holder and am married to a US citizen.

Here is the situation :
When my mom got diagnostic with a cancer, I quit my job and took off to assist her. At the time I left in a hurry and didn't applied for the Reentry Permit (I didn't know we could do that but found out later). My wife came a few months later to be with me. Then the grand-mother died... and time flew, so here we are a year and a half later and everything back to normal.

We always filed taxes, we still have an apartment (my wife is on the long term lease for years), all our bank CC are active (we use our US credit card here and pay it back as usual), it's like we left for long vacation pretty much.

We are going back to the US for two weeks end of April and ideally would like to go back to our place to live back to the US. In two years we just accumulated a few things (that need to be sold) and we want to know if I'm admissible, this trip is to visit friends, figure out my situation, and if I'm in prospect a few companies for jobs (I still have contacts).

What do you expect to happen ? Do you think they could refuse letting me get in the country ?

Thank you,

[newacct]

Hi,

I am a green card holder and am married to a US citizen.

Here is the situation :
When my mom got diagnostic with a cancer, I quit my job and took off to assist her. At the time I left in a hurry and didn't applied for the Reentry Permit (I didn't know we could do that but found out later). My wife came a few months later to be with me. Then the grand-mother died... and time flew, so here we are a year and a half later and everything back to normal.

We always filed taxes, we still have an apartment (my wife is on the long term lease for years), all our bank CC are active (we use our US credit card here and pay it back as usual), it's like we left for long vacation pretty much.

We are going back to the US for two weeks end of April and ideally would like to go back to our place to live back to the US. In two years we just accumulated a few things (that need to be sold) and we want to know if I'm admissible, this trip is to visit friends, figure out my situation, and if I'm in prospect a few companies for jobs (I still have contacts).

What do you expect to happen ? Do you think they could refuse letting me get in the country ?

Thank you,

You don't have a valid document for re-entry (the green card is only valid for re-entry after an absence of less than 1 year), but the officer has the discretion to waive the documentary requirement. Make sure to bring lots of evidence of ties to the US and an explanation for why your stay abroad was meant to be temporary, and see what you get. They can definitely demand that you give up your green card (which you can refuse, and it would go to immigration court to determine whether you have abandoned residence or not), or they could let you in with a warning.

[UScitizenFilingforspouse]

Hi,

I am a green card holder and am married to a US citizen.

Here is the situation :
When my mom got diagnostic with a cancer, I quit my job and took off to assist her. At the time I left in a hurry and didn't applied for the Reentry Permit (I didn't know we could do that but found out later). My wife came a few months later to be with me. Then the grand-mother died... and time flew, so here we are a year and a half later and everything back to normal.

We always filed taxes, we still have an apartment (my wife is on the long term lease for years), all our bank CC are active (we use our US credit card here and pay it back as usual), it's like we left for long vacation pretty much.

We are going back to the US for two weeks end of April and ideally would like to go back to our place to live back to the US. In two years we just accumulated a few things (that need to be sold) and we want to know if I'm admissible, this trip is to visit friends, figure out my situation, and if I'm in prospect a few companies for jobs (I still have contacts).

What do you expect to happen ? Do you think they could refuse letting me get in the country ?

Thank you,

Hi there,

you may have to delay your plans to travel by the end of April. There is an option that will yield the outcome you are looking for; i.e., to re-establish your permanent residency. Things go a lot better with USCIS and DHS when you follow the processes they have in place. Here is your solution:
You are eligible for a returning resident visa SB-1. In a nutshell, if you are an LPR unable to return to the US within travel validity period of the green card (1 year) or the validity of the Re-entry Permit (2 years), you may be eligible and can apply at the nearest U.S. Embassy or Consulate for a Returning Resident (SB-1) immigrant visa.
You do have to attend two interviews and show proof that circumstances beyond your control prevented your return. This way, your wife will not have to file another I-130 all over again for you and start from scratch. You will need to be interviewed for both your application for returning resident status, and usually later for the immigrant visa. (there is also a medical examination requirement). You will also have to show ties to the US (federal income taxes, etc)

Here is the link to that. Read it through it and digest it. You have a solution. It may not fit your current travel plans but there is a solution.

https://travel.state.gov/content/trip-cancellation-insurance/en/us-visas/immigrate/returning-resident.html

Here is the link to the application https://eforms.state.gov/Forms/ds117.PDF

I hope it all works out for you. Best of luck!