Can i re-enter USA after staying out for more than a year ?

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sactownman

Registered Users (C)
I am a USA conditional green card holder expiring in October 2010. I am out of USA for about 10 months now. I am in my home country :India. I have to apply for the renewal of my Indian Passport . The process is a bit complicated and it is taking time. And i dont think that i will be able to come back to USA in next 2-3 months because i dont have my passport. Meanwhile my stay outside USA will exceed one year in August 2010. My US Citizen wife came to meet me few months back and she is worried about getting the conditions removed off my green card. My question is , Is there anyway i can re-enter USA even after one year is over? I am positive that i will make it before my green card expires in October 2010 and can get my conditions removed then. I never intended to abandon my Permanent Residenceship (Green Card).And i can show the reciepts that i applied for my new passport immediately when i reached India about 10 months back. My wife has filed the taxes for this year jointly with me so that we show that do intend to come back. Please help.
 
Why did you not renew your passport before you went to India? A green card technically expires 1 year after you leave US and then all bets are off.
 
You can enter the US with a green card and an expired passport (or even no passport). The problem is whether the airline will let you board, and if the in-transit countries will let you stop there without a valid passport.

Is it really going to take 2 months? Do they have an expedited passport process so you can pay extra money and get it in 1 or 2 weeks?

If you go beyond a year without returning to the US, your next option is to apply for an SB-1 visa (Returning Resident visa) at a US consulate. You have to show that your trip was originally expected to be less than a year but unexpected circumstances pushed it beyond a year. It is a last resort; there is no guarantee of it being approved, and if it's denied your green card is dead.
 
Thanks for the reply Jackolantern. I did try to find out if there is a process by which i can get my passport process expedited. But my passport got damaged. I mean the lamination of the passport went off a bit. So there is no expedite process under applying for the damaged passport renewal.
I am aware of this Returning Resident Visa. But am not sure how much time it might take to be processed. And do you think that going to the USA embassy in India and explaining them the whole situation might help me in getting back to USA even after one year is over. Like if there is any kind of document that they might give me by which i can come back after one year ?

Thank you
 
sactownman said:
Thanks for the reply Jackolantern. I did try to find out if there is a process by which i can get my passport process expedited. But my passport got damaged. I mean the lamination of the passport went off a bit.
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How bad is it? Are you sure it's unusable? Have you already submitted for replacement?

I am aware of this Returning Resident Visa. But am not sure how much time it might take to be processed. And do you think that going to the USA embassy in India and explaining them the whole situation might help me in getting back to USA even after one year is over. Like if there is any kind of document that they might give me by which i can come back after one year ?
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Yes, the document is an SB-1 visa.
 
Jackolantern said:
How bad is it? Are you sure it's unusable? Have you already submitted for replacement?

Yes, the document is an SB-1 visa.
Click to expand...

Thank you for your reply. Yes , it is unusable. And yes i have already applied for replacing it. Actually time taken for the new passport to be given is the only reason for me not able to come back to USA. I applied for it in the very first week i reached India. But it is taking time to be replaced.

I was checking some websites trying to find out more info about SB-1 visa (Returning Resident Visa). Some of them says that a conditional green card holder cannot apply for it if he has failed to apply for removing the conditions on his green card. Though USCIS.gov doesnt give any info like this. I am stuck in India and i am not sure if i can apply to remove conditions while in India or if my wife can do the same on my behalf in USA. Thanks
 
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Jackolantern said:
How bad is it? Are you sure it's unusable? Have you already submitted for replacement?
Thank you for your reply. Yes , it is unusable. And yes i have already applied for replacing it. Actually time taken for the new passport to be given is the only reason for me not able to come back to USA. I applied for it in the very first week i reached India. But it is taking time to be replaced.

Yes, the document is an SB-1 visa.
Click to expand...

I was checking some websites trying to find out more info about SB-1 visa (Returning Resident Visa). Some of them says that a conditional green card holder cannot apply for it if he has failed to apply for removing the conditions on his green card. Though USCIS.gov doesnt give any info like this. I am stuck in India and i am not sure if i can apply to remove conditions while in India or if my wife can do the same on my behalf in USA. Thanks
 
Your failure to allow enough time to obtain a renewal of your passport is not a crisis for the USCIS. Speak with an attorney to evaluate and properly prepare you case.
 
I think you wil not be denied SB-1 visa simply for being a conditional resident (see link below).
http://travel.state.gov/visa/immigrants/info/info_1333.html

You may also contact the nearest US consulate in India. Chennai US consulate's website link for SB-1 visa is shown below:
http://chennai.usconsulate.gov/immigrantstous/for-returning-legal-permanent-residents.html

Have you explored all avenues to get your passport renewed? If you use tatkal service you should get passport in 1 week or so. What exactly is the holdup? How did you damage your passport?
 
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Thanks for the reply dear !
I went to the US Embassy in New Delhi. And the consular said that my wife can apply to remove conditions on my behalf. And then i can apply for the SB1 visa if i cross 1 year outside USA.

I have tried my best. They dont issue new passports under Tatkal scheme in the damaged passports renewal cases. Well the hold up is that i have lots of issues with my In-laws in India. And they have filed some false cases against me and have reported the same to the Passport Office of my area. Good thing is that my wife is in my favour. The Passport Officer is waiting for those cases to be finished and then only he will issue me the passport. The cases are taking time to be finished because of the lengthy judicial procedures here in India. Its a long story dear. Please let me know if u come up with some more info. Thanks for the reply though.
 
sactownman said:
I was checking some websites trying to find out more info about SB-1 visa (Returning Resident Visa). Some of them says that a conditional green card holder cannot apply for it if he has failed to apply for removing the conditions on his green card.
Click to expand...

That is partially correct. If you let the 2-year deadline pass and you haven't applied to remove conditions, you can't get the SB-1 visa. But if the 2-year deadline has not been reached, not applying to remove conditions would not prevent you from obtaining the SB-1.

I went to the US Embassy in New Delhi. And the consular said that my wife can apply to remove conditions on my behalf.
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Your wife can mail in the application on your behalf, but you are still supposed to fill it out (or at least review it if somebody else filled out for you), and sign it yourself in part 6.
 
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Thanks for the info Jackolantern. Thats a crucial info about the SB1 visa and it is no where available on the internet. Thanks again for this information.

And about the applying for removing conditions, I am thinking about filling the form my self here in India and then send it over to my wife in USA so that she can mail it on my behalf (Joint Filing). We have some time though for the 90 days period to arrive. Please let me know if you guys come up with any other info.

Thank you very much.
 
Hello Everybody ! I am back in USA. Was taken to the secondary inspection at SFO airport. But everything went fine there. I was told by the the CBP official that since it is my first "Offence" i.e. staying outside USA for 10-11 months so they will let me go. I couldnot understand how come its an offence when i can stay outside USA for a year. But anyways , everything went fine and am back. Thanks everybody for their invaluable advices. Thanks again.
 
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