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How to enter US after 5 years absence with green card?

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  • How to enter US after 5 years absence with green card?

    üğğğikk
    Last edited by Savas Ulucay; 11-14-2020, 04:35 AM.

  • #2
    Originally posted by Savas Ulucay View Post
    Hi I was out of US for 5 years now. My GC is valid till 2021. I've applied for SB1 visa but It was denied. I read stories on the forum that there are people made it to enter with just showing up at the border. I guess It is up to border officer.

    So I just have an approved ETA from Canada with this GC which means I can enter to Canada. Is there anyway can I enter to US and continue my LPR status?

    Is there anyone up there who did it?

    Thanks
    You can try to enter, either by flying in with your green card, or crossing by land from Canada. But 5 years is a little much. It's highly unlikely that any immigration officer or immigration judge will determine that you didn't abandon residence.

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

    Comment


    • #3
      I'd highly recommend that you being the process of applying for a new green card, as newacct and now Tezza have said there's a whopping 0.00% chance that they won't consider you to have abandoned your residence and you're going to be asked to surrender your GC.
      Last edited by krypton9591; 08-11-2018, 02:17 PM.
      This is strictly an opinion and should not be misconstrued as legal advice. The use of this information is strictly at your own risk.

      -Krypton9591

      Comment


      • #4
        Originally posted by Savas Ulucay View Post
        Hi I was out of US for 5 years now. My GC is valid till 2021. I've applied for SB1 visa but It was denied. I read stories on the forum that there are people made it to enter with just showing up at the border. I guess It is up to border officer.

        So I just have an approved ETA from Canada with this GC which means I can enter to Canada. Is there anyway can I enter to US and continue my LPR status?

        Is there anyone up there who did it?

        Thanks
        In my view there is absolutely zero chance you will get into the country on that GC. You would for sure be considered to have abandoned and the CBP officer is likely to have you surrender the card there and then.
        Marriage AOS - 2018

        4-10: Sent to Chicago Lockbox
        4-12: Arrived in Chicago
        4-14: Picked up by USCIS
        4-19: Email & text notifications received
        4-23: I-797 Receipts received
        4-27: Biometrics notice received
        5-10: Courtesy letter for I-693
        5-11: Biometrics completed
        6-04: Interview scheduled
        6-09: Received interview letter
        7-10: Interview complete & approved, status change to New Card being Produced
        7-13: Card was Mailed
        7-18: Green Card in Hand

        Comment


        • #5
          Originally posted by Savas Ulucay View Post
          Hi I was out of US for 5 years now. My GC is valid till 2021. I've applied for SB1 visa but It was denied. I read stories on the forum that there are people made it to enter with just showing up at the border. I guess It is up to border officer.

          So I just have an approved ETA from Canada with this GC which means I can enter to Canada. Is there anyway can I enter to US and continue my LPR status?

          Is there anyone up there who did it?

          Thanks
          ONLY A JUDGE CAN MAKE A FINDING OF ABANDONMENT. A CBP officer may pressure you into signing the a I-407 Record of Abandonment of Legal Permanent Resident status. You do not have to sign it. Just ask to be issued a NTA and you state your case to a judge. It will take some time, months, maybe a year for you to actually stand in front of an immigration judge and state your case. In that time, you need to be very productive and keep documenting your ties to the US.
          This link will explain better that ONLY A JUDGE CAN MAKE THE FINDING OF ABANDONMENT. https://cliniclegal.org/sites/defaul...R%20Status.pdf CBP Officers will try to intimidate you. You just show them the law, respectfully, and tell them that you know ONLY an immigration judge can make the finding of abandonment. Tell them you will gladly take a warning but you had reasons beyond your control.

          You may try by land. Apparently, people renew their I-94s at this spot all the time. https://www.immihelp.com/forum/showt...ght=renew+I-94

          Now there's also the aggravating factor that your SB-1 returning visa was denied. So there is that.

          Comment


          • #6
            Originally posted by Savas Ulucay View Post
            Hi I was out of US for 5 years now. My GC is valid till 2021. I've applied for SB1 visa but It was denied. I read stories on the forum that there are people made it to enter with just showing up at the border. I guess It is up to border officer.

            So I just have an approved ETA from Canada with this GC which means I can enter to Canada. Is there anyway can I enter to US and continue my LPR status?

            Is there anyone up there who did it?

            Thanks
            Did you get in? Since I am in the same situation as you!

            Comment


            • #7
              kkkk
              Last edited by Savas Ulucay; 11-14-2020, 04:36 AM.

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