How many % to lose greencard if out of the country > 3 years?

[marlon2006]

I am greencard holder, 3 light years away from citizenship.

Imagine I have to leave country to take care of my sick parents. Imagine since I settle in country of origin, I stay there let's say, for five years.

I am aware that one can apply for extension of the status for 2 years, but let's assume I don't.

Let's say one stays out of the country for 5 years. Is it a sure thing one loses the status, or is just a possibility? What is the process that it needs to happen to "lose" the greencard status?

[Jackolantern]

If you stay outside for 1 year or more, the green card is not valid by itself as an entry document. If you don't have a Reentry Permit, Returning Resident Visa (SB-1), or Transportation Letter it is almost 100% automatic that your green card will be revoked if Immigration knows about the length of the absence. The thing is that they don't always know about the length of the absence ... sometimes they don't ask and they don't check the computer, other times people sneak in illegally through a land border, or they use a land border entry point where they don't have computers to check travel records.

If the officer at the port of entry sees you have stayed out longer than a year, or stayed out less than a year but have a pattern of spending very little time within the US over the past few years that it is apparent that you have abandoned residence, they would confiscate the card, initiate removal proceedings, and either detain you or let you go home with a court date to see an immigration judge. You'll probably also have the option to avoid the detention or court if you leave the US immediately.

What percentage get their card revoked after staying out for 5 years? Only Immigration themselves would know. But for those where the officer knows the person has been outside for 5 years, it probably would be similar to the percentage of bank robbers who get convicted after having been arrested during the crime itself with multiple witnesses watching.

[susanhavelka]

First of all, thank you for your website! It is a great source of info.

My problem is the following:

I have been a LPR since the early 90's, attended grade school, high school and university (BA) in the US. However, after graduation, I had a very difficult time finding a job in the US. My grandmother in my country of birth has also fallen sick of cancer and needed proper care. Considering these two reasons I decided to temporarily go back to my country of birth (2003) to be with my grandmother and take on a temporary job. Before departing the US I submitted my application for green card renewal (as the deadline was approaching). I left the US with only my foreign passport. The newly issued green card was sent to me in abroad via mail by my family (parents who are US citizens).

In my country of birth I was offered a job almost immediately upon arrival have stayed in there since working, volunteering (when I didn't have a job) and applying (unfortunately unsuccessfully) for jobs in the US from there.

Last year, during the summer, I finally succeeded with my job search, and took on a (supported volunteer) assignment with an American NGO in a developing country. I accepted the offer and travelled to the country of destination, and remain there until this day. My contract is to conclude this year.

I am currently a passport which has been issued in late 2007 in my home country.

Counting since 2003, I have been out of the US for a little over 6 years.

I realize that this may be very difficult to believe, but I have always wanted to return to the US to reside there, work and to be with my family. I also still have my federal loans to pay off in the US. I couldn't afford to fly back since due to financial reasons and family circumstances.

Now, I am aware of the fact that from a legal point of view I have lost my green card. However, I was wondering whether, given the circumstances of working for an American NGO abroad, having a new passport (without any departure stamps from my last visit to the US in 2003), as well as a new unused green card (as it has been sent to me via mail), I could try my luck and risk returning the US. I know that when travelling to the US I need to have my passport as well as my green card. The only stamps which show in my passport is the date of arrival in the developing country where I am currently volunteering. I have not yet been a full year in that country.

Since having left the US in 2003 I have not been filing any tax returns, as I was honestly unaware of the need to do so.

I could have a confirmation letter issued from the US based organization I am currently volunteering for stating my dates of deployment or otherwise.

I realize today that the US is the only country in the world where I could imagine to live and work. Mentalitywise I am very American, and I love the United States, the feedom and the values it represents. I also want to be back with my family. Given my education, knowledge, skills and interests, I have decided, that, should I succeed and be admitted back into the US (by chance of a miracle, good fortune and luck), I would like to enlist in the US Navy, to serve, pay off my student loans and make life in the US. Of course, prior to this I would be looking at working for at least a year to straigthern out all IRS related and other issues.

1.) Should I risk this return trip?
2.) What precautionary measures (if any) can/should I take before leaving?
3.) What kind of questions should I be prepared to answer and how to the
DBP?
4.) How does the whole electronic system function, is it likely that my last date of departure from the US is in the system?
5.) What would be the most likely consequences if i was to be deported?

I am an honest person, so, if necessary, I would be ready to tell "my story" the the immigration officer.

I would be very grateful for your advice,

thank you in advance and sorry for the somewhat longish post,

Susan

[TheRealCanadian]

Originally Posted by susanhavelka

I am currently a passport which has been issued in late 2007 in my home country. ... Since having left the US in 2003 I have not been filing any tax returns, as I was honestly unaware of the need to do so.

You have abandoned residency. End of story.

You can try and return, but I wouldn't be surprised if you were denied entry.

[susanhavelka]

I know that this may be naive, but is there anything at this point one could do to at least try to reduce the risk of being denied entry if one decided to try and return?

And, if by any miracle one succeeded, once in the US, would one still risk being detained and be deported?

Please, please advise as this is so important for me. My parents are currently going through a divorce and my mom is most likely going to remain without a stable job and with a low income, hence, unable to support herself if alone.

S.

[Jackolantern]

FORGET ABOUT IT. Other people lose their green card after being outside the US for just one year; there is ABSOLUTELY NO WAY they will let you keep it once they know you have been outside the US for 6 years, given that you do not have any extreme circumstances that kept you outside the US against your will, like being captured by insurgents in Iraq and held there until now.

Working for the NGO will not help you one bit; whoever you work for, you are supposed to apply for a reentry permit for absences outside the US for more than a year, and you did not do that.

And if you ever do sneak into the US somehow, forget about ever applying for citizenship. For citizenship applications they check your travel history more thoroughly than at the port of entry; they have much more time to investigate you. Given how outrageous the length of your absence was, you would be risking deportation if you applied and they found out what you did.

[StonedAnt]

If his parents are US Citizens, I believe they could sponsor him when he is ready to come back.


Stoned!

[TheRealCanadian]

Originally Posted by StonedAnt

If his parents are US Citizens, I believe they could sponsor him when he is ready to come back.

They can, under FB1 or FB3.

[Jackolantern]

Originally Posted by StonedAnt

If his parents are US Citizens, I believe they could sponsor him when he is ready to come back.

Yes. Susanhavelka's existing green card is deader than a dead skunk, but obtaining another green card is possible via parental sponsorship (although the process would take a few years).

And if the parents became citizens before susanhavelka's 18th birthday, it is possible that US citizenship was automatically derived from them. In which case the next step would be to attempt to obtain a US passport via the consulate rather than trying to use the dead green card.

[Triple Citizen]

Yes, obtain US citizenship before moving abroad

Originally Posted by susanhavelka

but is there anything at this point one could do to at least try to reduce the risk of being denied entry if one decided to try and return?

[susanhavelka]

Wait:

1. what does it meanthat I can have my parents sponsor me back to the US?

2. what are FB1 & FB3?

3. Triple Citizen, are you really suggesting that I still stand even the slightest chance of applying for US citizenship at this point?! or was this meant as a joke?

4. What do I need to do to get my green card back and to be able to become a US citizen in the future. it seems that if they decided to issue me a new green card, I would need to go through the whole naturalization process again (meaning a minimum of another 5 years in the US after receiving a new GC)?

5. If I managed somehow to get into the US with my current (skunk dead) green card, and tried to enlist in the Navy (which I planned to do anyway), whould the armed forces, given the demand for new personnel, be in a position to help me with my green card status/US citizenship? I have heard of such cases.

7. Eventhough I spent the last 6 years outside the US, I have still graduated from grade school, high school and university there! My stepded received his citizenship before I was 18, my mom I think after. Would this make me eligible to apply for citizenship at this point?

SH.

[Jackolantern]

1. Parents can file a petition for their children to immigrate to the US. Upon successful completion of the process, you would get a green card, whether or not you had one before.

2. Family-based green cards are divided into different categories with different priorities. FB1 and FB3 are family-based first preference and third preference respectively, with FB1 for unmarried over-21 children of citizens, and FB3 for married over-21 children of citizens.

3. I think it was a joke.

4. You can't get your green card back. But you can get a new one via your parents.

5. I don't know. The problem is that your green card is not valid, so once your past is discovered it may set off a series of events that result in you being kicked out of the military and deported.

7 (where is #6)? If the timing of your parent's citizenship met certain conditions, you would have derived citizenship automatically from them. It wouldn't be a matter of applying for citizenship, it would be that you already became a citizen when they naturalized years ago and now you only need to apply for proof of citizenship in the form of a passport or citizenship certificate. Find out when each of your parents obtained citizenship and whether your stepfather legally adopted you. Once you know those details, that information can be compared against your age at the time and the applicable laws at the time (there was a significant law change back in 2001).

[Triple Citizen]

It was a joke. Didn't the smily face make it evident?

Originally Posted by susanhavelka

3. Triple Citizen, are you really suggesting that I still stand even the slightest chance of applying for US citizenship at this point?! or was this meant as a joke?

[cafeconleche]

Woo, wouldn't that be cool if it turns out you're already a citizen?

[Dedo]

Originally Posted by susanhavelka

Wait:
7. Eventhough I spent the last 6 years outside the US, I have still graduated from grade school, high school and university there! My stepded received his citizenship before I was 18, my mom I think after. Would this make me eligible to apply for citizenship at this point?
SH.

If you can show that 1) he was legally (through papers) your step-dad before you turned 18, and 2) he obtained his citizenship before you turned 18, then you are already a US citizen.

Good luck!! Isn't youth great, no care in the world about status, visa etc...these things only become more important later in life. Hope all works out for you.

What I find amazing is that there are so many people with GC living outside the US and they just "show up" every 6 to 12 months and have somehow managed to maintain their GC, and then there are people on this board that will swear that you have lost your GC if you left the country for 6 months

[Jackolantern]

Originally Posted by Dedo

If you can show that 1) he was legally (through papers) your step-dad before you turned 18,

You must have meant legally the father, because only marriage is required to make him legally the stepfather.

and 2) he obtained his citizenship before you turned 18, then you are already a US citizen.

Not necessarily. Under the older laws, both parents had to naturalize for the children to automatically become citizens.

[sotiredofwaiting]

Fly to Tijuana and enter the US on foot.
Buy some junk in the city and pretend you just took a day trip from SD.
Note that nobody checks your documents when you leave the US to Tijuana, and they don't do much checking when you get back, in many cases they don't even bother to swipe your green card.

[susanhavelka]

Did you actually do this yourself or do you know someone who succeeded?

[susanhavelka]

So, basically, I do not qualify for citizenship? bacause its is most likely only my stepdad that got his citizenship before I turned 18...

[sotiredofwaiting]

Originally Posted by susanhavelka

Did you actually do this yourself or do you know someone who succeeded?

No, but I was thinking about doing it during my one day trip to Tijuana in Novemeber.
I will not follow this strategy though, coz the costs of getting to that city from where I'm staying now are huge.

[rorypirrie]

Don't Think the Tijuana route is a viable option. I would look further at other options suggested below rather.

[susanhavelka]

what other options suggested below?

[Jackolantern]

Originally Posted by susanhavelka

So, basically, I do not qualify for citizenship?

We can't know if you don't tell us when your stepdad became a citizen, whether he legally adopted you, and when your mother became a citizen. Not just your age when they became citizens, but the year when it happened because the laws have changed over the years.