Been out of US for 3 years

thesmith7 · Post by **thesmith7** » Mon Nov 03, 2008 9:20 pm

I have a green card however I have been out of the US for 3 years and would like to return.

I have been back to the US once a year to visit my wifes family. Does that count as being back in the US thus not being away for more than a year?

I do not want to have to get a returning visa if I don't have to.

Thanks!

Post by **JAJ** » Tue Nov 04, 2008 5:02 am

Visits to the U.S. count towards ensuring your physical absences do not exceed 12 months.

However, you are still expected to be living in the U.S. and you are risking serious trouble, most likely.

eg.
http://www.spam.com/news/UDirtra.html
http://www.visalaw.com/06feb1/2feb106.html

Have you kept filing federal U.S. tax returns, for example?

thesmith7 · Post by **thesmith7** » Thu Nov 06, 2008 5:10 pm

Yes, I have filed tax returns for all three years. I also still own a house in TX. I was honestly not planning on being gone this long.

lifeart · Post by **lifeart** » Sun Dec 28, 2008 10:59 pm

I don't think you can just return to the US with a gc after such a long absence. Short trips back to the US do not count towards preserving your residency rights. Did you apply for an I-131 before you left the US? That would have given you 2 years of legally permitted stay outside the US on your green card. As it is your green card is most likely being seen as invalid at this time. You must contact a very GOOD US immigration lawyer to help you.
The only alternative would be the returning resident visa SB-1 which is very difficult to obtain, for instance when you or a close relative of yours (without any other relatives beside you) got sick and you had stay abroad until healthy again (you or your relative). This scenario might get you an SB-1 if you can prove the above scenario.
In conclusion I think that you probably have lost the right to return to the US as a resident

Post by **JAJ** » Mon Dec 29, 2008 6:13 am

lifeart wrote:I don't think you can just return to the US with a gc after such a long absence. Short trips back to the US do not count towards preserving your residency rights. Did you apply for an I-131 before you left the US? That would have given you 2 years of legally permitted stay outside the US on your green card. As it is your green card is most likely being seen as invalid at this time. You must contact a very GOOD US immigration lawyer to help you.
The only alternative would be the returning resident visa SB-1 which is very difficult to obtain, for instance when you or a close relative of yours (without any other relatives beside you) got sick and you had stay abroad until healthy again (you or your relative). This scenario might get you an SB-1 if you can prove the above scenario.
In conclusion I think that you probably have lost the right to return to the US as a resident

Your conclusion may be wrong. Short trips do not in themselves fill the "residence" requirement but they do break the "gap" in physical presence.

If there is less than 12 months since last departure, a green card can be used to apply for entry to the United States. Proof of a genuine U.S. residence with intention to return should also be presented.

lifeart · Post by **lifeart** » Wed Dec 31, 2008 12:00 am

It is true that you may use a green card to return to the US after an absence of less than 12 months. It is almost certain that you will be asked to submit to a secondary inspection upon arrival (that will happen even after an absence of only 6 months). At this inspection the officer will try to ascertain whether you have abandoned your residence in the US. This sometimes even happens when you have a valid re-entry permit. It will be more than difficult to prove that you still are a viable US-resident if you really have been gone, more or less, for 3 years. Even owning real-estate may not do the trick.
I still think that it is likely that a green card will be invalidated in this case

Post by **JAJ** » Wed Dec 31, 2008 12:32 am

lifeart wrote:Even owning real-estate may not do the trick.
I still think that it is likely that a green card will be invalidated in this case

The decision would be taken by an Immigration Judge, not an individual officer. Filing U.S. tax returns as a resident helps, plus real estate and whatever other ties to the U.S. exist. Also depends on the reasons for absence and future intentions.

A consultation with a U.S. immigration attorney would be advisable. http://www.aila.com

You still haven't explained your basis for using the term "likely" rather than "possible".

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Been out of US for 3 years

Been out of US for 3 years