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HELP Green card holder!!!

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  • HELP Green card holder!!!

    I am a Green card (USA) holder through family (from UK) for probably about 8/9 years. This is the first time I've left the country for over a year (1year and 4months). will i have a problem getting back into the US when i get to customs? I'm meant to be flying back from the UK in a few weeks? Please help!

  • #2
    Originally posted by BDooley13 View Post
    I am a Green card (USA) holder through family (from UK) for probably about 8/9 years. This is the first time I've left the country for over a year (1year and 4months). will i have a problem getting back into the US when i get to customs? I'm meant to be flying back from the UK in a few weeks? Please help!
    Yes, you could have problems, because the green card is only a valid document for re-entry after an absence of less than 1 year. So unless you got a Re-entry Permit, you don't have any document that will allow you to re-enter. However, the officer has discretion to waive the documentary requirement and let you in, potentially with a warning, if he feels that you haven't abandoned residence, especially in your case where you've been over not much over a year and it's your first long absence. Bring lots of evidence that you maintained residence in the US, and be prepared to be questioned in secondary screening. If the officer doesn't want to let you in and tries to get you to voluntarily sign I-407 to give up your green card, don't do it. He can't take it away involuntarily, and he can only put you in removal proceedings; if you get put into removal proceedings, you get a chance to convince the immigration judge that you didn't abandon residence.

    This is my personal opinion and is not to be construed as legal advice.

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