1 year outside stay with GC. what will happen

[waterboy_dec]

hello gurus,
if you stay 1 year in india with the GC ,
then try to come over to USA. what will happen?
they will not allow in india ( i am not sure there should be a problem in india)
i think in USA. what they do . they will deport or what will happen?

advice please.

 

[assur]

hello gurus,
if you stay 1 year in india with the GC ,
then try to come over to USA. what will happen?
they will not allow in india ( i am not sure there should be a problem in india)
i think in USA. what they do . they will deport or what will happen?

advice please.

waterboy_dec, it is a watery question...
180 days out of US is allowed within 5 years. Re-entry and/or extension can be taken by USCIS/DOS. Go for google search.
I am sure POE will not let you in, if stayed more than 180 days (total) without permission as per regulations. Be guided yourselves.

 

[Buckeye]

YOu need toapply for reentry permit if outside stay is more than 1 year.

 

[Participant]

waterboy_dec, it is a watery question...
I am sure POE will not let you in, if stayed more than 180 days (total) without permission as per regulations. Be guided yourselves.

Not entirely correct.
He may be allowed at POE at the descretion of IO ,if he is satisfied about the strength of the ties to US(check other threads for details for tiles- in Life after green card threads)---when the stay is above 180 days but less than an year, but it is risky.
If it is more than an year outside US and without an Reentry permit ,the GC is almost gone case for sure.(unless you qualify for SB1 visa).

 

[waterboy_dec]

Usa Poe

so I can get some clear idea from you guys
in india they allow but here in USA POE they won't allow let you IN
ok what they do they deport them or what they do?

 

[alassea]

if you stay 1 year in india with the GC ,
then try to come over to USA. what will happen?
they will not allow in india ( i am not sure there should be a problem in india)
i think in USA. what they do . they will deport or what will happen?

Did you apply for a re-entry permit prior to your one year stay in India? If you didn't then you may have already lost your PR status on basis of abandonment. Going back would really be very risky as CBP can conduct removal proceedings on you and deport you. Even if you have the intent to return, if CBP has basis for loss of PR status (e.g. you no longer have remaining ties to the U.S.) then it's a done deal (and yes, you are deported). So unless you can prove it or show strong evidence (all proper documents) that your stay abroad is really for "temporary" purpose, that you remain to have all legal requirements as PR, and that you have strong, ongoing ties to the U.S. (which is often very hard to do), then I suggest don't risk it. It is really a gamble and nothing can be for certain. A good thing to do would be to visit the nearest U.S. Consulate in your place and discuss your options for returning resident visa. You may qualify for an SB-1 (returning resident) visa, but this is also a very long, difficult process as CO will have to determine first if you qualify as a returning resident. If you can't prove that you qualify as such, CO can also take away your green card, and lose your PR status for good. That's one worse case scenario that can happen, but if you still want to return to the U.S., another immigrant visa petition from a sponsor must be filed on your behalf. Also, if you choose to visit the Consulate first and instead of giving you options they hand you over a form to sign, be very careful and read first what it contains before signing. Be careful not to sign form I-407: Abandonment of Lawful Permanent Resident Status. <--- self-explanatory, you are signing away your green card if this happens. In such case have a really good attorney with you first and ask for his/her advice.


These are all just my friendly advice though, I'm not a lawyer. If you really want legal advice consult with an immigration attorney. Otherwise, use at your own risk.