Green Card validity?

[concoran]

Hello,
I recd my green card in 2007. But due to medical reasons (and some other personal reasons) in 2011 I had to come back to India - thinking that I'd return soon. However the returning never happened.
I continued to file taxes for a couple of years, but didn't afterwards.
What is the validity of my green card? Would my medical records be sufficient to allow me an entry?
Please advice.
Thanks.

 

[newacct]

Personal reasons don't really cut it, especially for an absence that long. You have to be actually prevented from coming back due to reasons beyond your control, and seeking to return as soon as it is within your control to do so.

If your card is still valid, you could fly to the US and try to enter. Your card is not valid for re-entry after an absence of more than 1 year. Although they have the discretion to let you in anyway, in such an extreme case, almost certainly you will be denied entry and asked to voluntarily give up your green card. If you refuse, you will be let in temporarily and placed in removal proceedings, where you will be able to present your case to an immigration judge. But the facts of your case really do not bode well for being able to avoid removal.

Alternatively, you could try to apply for an SB-1 returning resident visa at a US consulate. Again, almost certainly you will be denied given the situation. The chances of success with this is probably even worse than just going to the US and trying to enter.

 

[concoran]

Hi newacct. Thanks for the answer. Helpful.
I had to travel to India for my urgent medical needs, the recovery took some time. But may be a year or 1.5. Not more. Would medical records help, you thik?
My GC card is still valid. However I have a brand new Indian passport. Not sure if that helps or hurts my case.

- When you say it is in their discretion whether to let me in if I fly in, is it the officer stamping the passports, or is it a different set of people inside who have that power?
- If I am denied entry and I end up surrendering the gc, what would my status be? Would I be required to turn around and take next flight home?
- If I apply for SB-1, and is refused, would that be illegal to fly in and enter?

- Since I live(d) close to border entry, is overland entry a better option, you think? (not sure if I should even be asking it, but I am, anyways).

- Do they keep track of who has traveled outside? Unlike I-94, there wasn't a document required for me to submit while leaving on gc. Only way they know is by gathering airline manifests (which I am sure they do a bit more vigorously after 9/11).

- My kids are US Citizen. Does it make any difference?