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Travelling to US after ~10 month stay in India
Hi - I moved from US to India ~3.5 years back with re-entry permit. I was on green card status when I moved back. I have been travelling to US every year on my green card status. When I last traveled in summer of this year, my re-entry permit was expired and immigration officer allowed me with a caution that I cannot travel of green card with a long gap. I'll have to travel to US in Apr-May of 2018 and I understand I cannot travel on green card. My spouse is US citizen and in US now. What visa options do I have? Can I "re-activate" my green card? Any guidance would be greatly appreciated.
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It's not true that you "cannot travel on green card". If you have an unexpired green card, it is a valid document for re-entry as long as the last absence is less than 1 year. Now, as a permanent resident, any time you re-enter, it is always possible that the immigration officer could decide that you abandoned residency. They may or may not decide this; it is a subjective decision; there is no way to know until you try. If they decide that you abandoned residency, the could ask you to sign a form to voluntarily give up your permanent residency, and if you refuse, they can ask you to appear in immigration court where the immigration judge will decide whether you abandoned residency.Originally posted by ados1612 View Post
Alternately, you can always be petitioned by your US citizen spouse to immigrate again if you want.
This is my personal opinion and is not to be construed as legal advice.
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