How to Reenter the US with Green Card After Living Abroad Over a Year
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- čas přidán 28. 08. 2024
- Green Card Overseas Over One Year is a new short series that dives into different solutions to maintain your hard-earned U.S. lawful permanent resident status after being abroad for over a year. Attorney Joseph Tsang discusses different ways we have successfully helped our green card clients to return to the U.S., and most importantly, preserve their lawful permanent statuses.
Returning LPRs must present the required documents for entry pursuant to 8 CFR 211.1. Per regulations, LPRs who have been out of the country for more than a year and less than two are required to present a re-entry permit when seeking admission. CBP does consider the totality of the circumstances when processing LPRs who have been out of the country for more than one year.
9 FAM 502.7-2(B), Returning Resident Status; 9 FAM 502.7-2(C), LPR individuals who are unable to return to the United States within the travel validity of their Form I-551 or Re-entry Permit, may apply at a U.S. Embassy or Consulate for a special immigrant Returning Resident (SB-1) visa; INA 101(a) (33), lack of fixed dwelling place in the U.S. is not dispositive; 8 CFR 211.1(a), only required “unrelinquished lawful permanent residence”; 8 CFR 211.1(a)(2), if LPR remains outside the U.S. for more than one year, the regulations require invalidation of this green card, but DHS takes the position that residency also has been abandoned; INA 101 (a)(27), If visit abroad is temporary, residency is not deemed abandoned.
As each solution is unique in its own way, keep reading below to see the complete episode list!
Green Card Overseas Over One Year Episode List:
1. How to Prove You Did Not Abandon Your Green Card
2. How to Apply for an SB-1 Returning Resident Visa
3. How to Overcome a CBP Secondary Inspection
4. How to Choose between CBP Entry or an SB-1 Visa
5. How to Apply for I-131A Carrier Documentation When your Green Card Has been Lost
6. When Your Green Card Expires While You Are Abroad: Can you Still Return to the US?
7. How to Reenter the U.S. With an Expired I-551 Stamp
8. How to Enter the US after Being Abroad for Longer than a Year
9. Everything You Can do to Prove Your Did NOT Abandon Your Green card
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Great video. Is it possible to maintain green card status by visiting Guam or Saipan instead of mainland US ?
Hi SJ Lee!
Thank you for your question.
Please reach out to us at info@tsangslaw.com, or call us at (562)-924-1981 to talk further about your specific case.
We are open from Monday to Friday from 9am-6pm PT.
We look forward to hearing from you!
What if I stayed outside the US at exactly 1 year? Do I need to file SB1 returning resident visa?What about applying for re-entry permit? Will that guarantee they will not get green card?
Appreciated
Question. Scenario: in case I get the opportunity to do my masters in Europe, and technically I'd have to stay at least 2 years living outside of the USA (still I'd be able to come back once a year). Is it possible to maintain my green card under these circumstances?
Thank you for your question!
Please reach out to us at media@tsangslaw.com, or call us at (562)-924-1981 to talk further about your specific case. We are open from Monday to Friday from 9am-6pm PT.
We look forward to hearing from you!
I spent 4 years outside of america and my green card didn't expired yet, can i go back and enter to usa or it will be imposible?
Hi Ade! Thank you for your question.
Please reach out to us at info@tsangslaw.com, or call us at (562)-924-1981 to talk further about your specific case.
We are open from Monday to Friday from 9am-6pm PT.
We look forward to hearing from you!
Nice 😂😂😂🇺🇸. How did you check that? Is there a website?
where you able to go back?
Were you able to come back ?? And had any issues ?
@@alilzy I think we can return again with no issues if the green card still no expired
Nice video, thanks!!! Can you get a nonimmigrant visa, such as a tourist visa after you filed I-407?
Thank you for your kind words! If you would lke to talk to one of our paralegals or schedule a consultation with Joseph, please reach out to us at media@tsangslaw.com or call us at (562) 924-1981
Look forward to hearing from you!
Wow interesting!
how about making occasional trips to the usa before the year is up and then flying back after your vacation in the usa?
Hi Greg, thank you for your question!
Feel free to give us a call at (562) 924-1981, let us know you saw our video, and speak directly to one of our paralegals!
@@TsangAssociatesPLC The uscis website for the i-131 scared me enough to file the form today. I don't want to risk dealing with immigration coming back in. I also noticed on the i-131 instructions instructions on how to file income taxes. It says if you file a 1040nr you are considered abandoning your residence status. So they are tracking your real residency status by your income tax filings. So now i'm completely confused which 1040 i should file next year
Would less than a year a concern ?
It could be less risky depending on the details of why you were out! The key to success is to thoroughly prepare your reasoning before hand.
I m a green card holder Can the local airport authorities in india will allow me to board the airplane to USA? It's been 2 years I've been outside 🇺🇸 due to family issue
Thank you for your question!
Please reach out to us at media@tsangslaw.com, or call us at (562)-924-1981 to talk further about your specific case. We are open from Monday to Friday from 9am-6pm PT.
We look forward to hearing from you!
Did u comeback to USA or no?
@@AhmedHussein.81 no not yet
@@travelogist20 why bro what are u waiting for
bro if you still green card not expired so you can comeback