Could I reenter US if I lived 20 years abroad?

Question

I traveled to south america in 1981 and I been living here ever since. I want to return to US since my son lives there. I have my old greencard. Do you think I could travel with that one. I does not have an expiration date.

Thanks

Answer 1

To keep your green card status you must live in the USA. So basically your old card is invalid even without a date on it, as you left the USA in 1981, so you would need to reapply and start the complete process again.

"Some Permanent Green Card Residents have a mistaken notion that they can be considered to be Permanent Residents even if they return to the U.S. for a few weeks every six months. They take into consideration the rule, which says that an alien cannot go out of the US for more than 6 months. Many Permanent Residents have lost their status because they showed no intent to consider U.S. as their permanent home.

Permanent residents who live abroad for a long period of time must continue to file U.S. tax returns as a resident. If the alien does not follow this rule it can lead loss of permanent resident status.

3rd link
The intent of a LPR to remain a permanent residence in the U.S. is a key factor in the BCIS's determination whether the LPR abandons his/her permanent residence in the U.S. However, a mere oral or written statement of intent to remain a U.S. resident to the BCIS is not controlling. Apart from the length of absence from the U.S., the BCIS will look to many objective facts that reflect the LPR's intent. The major factors that are considered in determining the LPR's intent include:

The length of the LPR's absence from the U.S.;
The purpose for the LPR's departure;
The existence of facts evidencing a fixed termination date for the stay abroad;
The continued filing of U.S. tax returns with the IRS in a resident status;
The location of the LPR's close family members;
The location and nature of the LPR's employment abroad;
The maintenance of other ties with the U.S. including mailing address, bank account, ownership of property, driver's license, club membership, mortgage, and credit card, etc.

Answer 2

Even though the card does not have an expiration date, your long absence has invalidated the card. It is not valid for a return to the U.S. If your son is a U.S. citizen, he can petition for you.

The U.S. government takes the position that an absence of over one year constitutes an abandonment. Absences of more than one year invalidate the green card as an entry document unless the person holds a valid re-entry document.

When a lawful permanent resident tries to reenter the United States after an absence of more than six (6) months or 180 days, the immigration laws mandate that such individual is considered an "applicant for admission." The inspecting officer may require "proof" that he has not abandoned his permanent residency by demonstrating fixed ties to the U.S. (family, property, employment, bank accounts, federal and state income taxes, memberships/organizations, etc.).

If the the inspecting officers determine that an individual is an "applicant for admission" and he cannot conclusively demonstrate his intention to maintain his status, such individual may be detained by the U.S. INS, placed into removal proceedings, and referred to an Immigration Judge for a determination of admissibility to the United States and whether his status has been abandoned.

Answer 3

Why is she staying with you? Has she burnt her parents and siblings out already and now it's your turn, or was your place easier for college? Why is she no longer in college and what 'program' is she waiting for? Educational or Drug rehab? I'd suggest she find full time employement and move the cat to her boyfriends house where it can be looked after by her.Tell her that after she leaves it cries by the door and throws itself on the floor by the door and just cries for her... It may have started because she didn't want to 'cramp your style' any more than she had to. I was on the streets at 15 and 'stayed' with a lot of people and tried to be as invisible as possible in order to not make waves and be able to stay on there. Sometimes I would get carried away with my 'other life' and kind of lose touch with reality. Help her to touch town by trying to 'touch base' with her. Girls night in, perhaps? It might take 2 or 3 attempts before you can get her to hold still long enough for eye contact to get through to her, but let her know that this time with you would be very beneficial for her. Good luck

Answer 4

If you are not a citizen, then no you cannot reneter USA. Your green card has expired if you did not renew it regularly.

Answer 5

Better do it now--after Jan 1, you need a passport too! If you kept the Consulate informed etc--you would be fine!!

Answer 6

No. You can not.

Please read this:

http://ahluwalia-law.com/index.php?id=29

Madan Ahluwalia
Attorney

Answer 7

You can come to the US but the Immigration might have some questions about your residency status.

Answer 8

My wife has a green card and she had to report the first two years and then in five years, now it is good for life..

Answer 9

Only if you were a citizen. You'll need a new green card!

Answer 10

You needed to visit a U.S. Consulate EVERY five years to keep your green card standing current... just like a passport...