Significance Of Transportation Letter at POE

[weverifyit]

My Green Card had technically expired since I was out of the country for more than two years.

However, I have managed to get a transportation letter from the embassy, because of special circumstances.

Can I still have problems entering USA at the POE.

[Jackolantern]

At the POE they may find that you have abandoned permanent residence and refuse to let you in, or more likely they will schedule a hearing with an immigration judge where you'll have to show that you held sufficient ties of residence to the US during your absence and that the extended absence was due to factors beyond your control.

[weverifyit]

Originally Posted by Jackolantern

At the POE they may find that you have abandoned permanent residence and refuse to let you in, or more likely they will schedule a hearing with an immigration judge where you'll have to show that you held sufficient ties of residence to the US during your absence and that the extended absence was due to factors beyond your control.

In case of non admittance, does one have to buy a return ticket and board a plane immeditely?

[Jackolantern]

With the transportation letter, non-admittance is unlikely. More likely scenarios include being detained until you can see a judge, or being released into the US with a date to report to a judge later. Or hopefully, they'll let you in with no court date, when you present the combination of the transportation letter and the old green card and other evidence showing that you maintained ties to the US and the extended absence was beyond your control.

[weverifyit]

Originally Posted by Jackolantern

With the transportation letter, non-admittance is unlikely. More likely scenarios include being detained until you can see a judge, or being released into the US with a date to report to a judge later. Or hopefully, they'll let you in with no court date, when you present the combination of the transportation letter and the old green card and other evidence showing that you maintained ties to the US and the extended absence was beyond your control.

When you say "detained", what do you mean? And is returning not an option which will be available if one does not want to be detained?

[Jackolantern]

By detained, I mean being locked up in an immigration detention center for days, weeks, or months where people are held until their questionable immigration status has been sorted out. Voluntary departure may be an option, but there is no guarantee.

However, those are just worst-case scenarios and are unlikely if you have no criminal record.

If you are seriously concerned, contact a US-based immigration lawyer.

[Jackolantern]

If you want to be much more safe, get a Returning Resident Visa. But it requires more time and money.

[hannah2]

You can try SB1:

"Permanent resident aliens who are unable to return to the United States within the travel validity period of the Alien Registration Card (less than a year), or the Reentry Permit, may apply for a special immigrant Returning Resident (SB-1) visa."