I had a green card, I left the USA for my ill Dad, but stayed after his death. can I return to the USA after5Y?

pianojangee

Being absent for 5 years from US revokes your Permanent Resident status. Your husband must petition you for the green card process all over again. Your green card is void.

Maintaining Permanent Residence

Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

You may be found to have abandoned your permanent resident status if you:

â€¢Move to another country intending to live there permanently.

â€¢Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

â€¢Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

â€¢Fail to file income tax returns while living outside of the US for any period.

â€¢Declare yourself a â€œnonimmigrantâ€ on your tax returns.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=fe17e6b0eb13d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1RCRD

Yak Rider

No. Your Green Card is no longer any good.

You and your daughter (French) need to be petitioned by your US Citizen husband and go through the immigration process all over again.

Sweetharttt

Your green card was abandoned. You must begin the process all over again. No, you cannot return to the U. S. of A. just like, that.

LV-Gnome

Unfortunately, your US residency was considered abandoned after a year and you will need to go through the process again.

If your husband has been living with you in your home country, you can look in to Direct Consular Filing. In most places, he would need to have been legally living in that country for 6 months or longer to be eligible, but it is a lot faster than going through the USCIS/NVC.

Good luck!

Sidwell

NO sorry - you lost your green card staus by staying away for more than 1 year.

Your American spouse MUST reapply for you.
Did your oldest daughter stay in usa on a green card?
if yes, then she does not need to reapply.
if no then she must reapply on her own if she is 18 years old older.

Drixnot

Yeah, if you are married to an American.

You still have to file all the paperwork though.

To the morons. The question is "can I return to the US"

i am a LPR since 2001 and my green card is about to expire. i left the country for a year and 2 months, i enterd the country with no questions asked, i do have a little girl and when we came back i filed for child support. now i need to apply for renwell and i know i need to start the clock of 5 years all over again. i don't have a problem with that. i need to know if my statuse concidered abonded since i left for over a year. when i looked at the applicayio I-90 i did not see any question about my departing and entering the country. will my green card renewal application will be denide?

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