GC received while overseas !!!

[rockstar8888]

Hi Folks.
I applied for my GC through family. I left the country with a Advance Parole, This expires on Nov 19th 2008. But my Green card is already with me, and it was approved on Mar 19th 2008.

Due to medical reasons, i am unable to make my trip to the US before Nov 19th this month. Will it be ok to get into the country before one year on GC or do i have to come before AP expires?

Any help is appreciated.

 

[woodenshoe101]

So you left the US before your GC was approved (but with AP). Then your GC was approved in March, but you haven't been back to the US since? If this is the case you may have already lost your GC status because you spent more than half the year outside the US after your GC was approved (march 19th would put that date around september 19th). The date on your AP is irrelevant here as far as i know, because it is superseded by your approved GC. Someone else can correct me if i'm wrong on this one

If you leave for longer periods of time, you should apply for a re-entry permit. This ensures that your GC status remains intact while you are gone longer than is normally allowed. Permanent residency implies residency, which is not assumable if you spend more than half the year outside the US.

 

[rockstar8888]

I thought you could always return to the US before one year of expiry of GC. I plan to come to the US before March if possible, and might have to make a couple of business trips to india. I will apply for re-entry permit once i come to the US if needed. Just don't want to loose the GC status before that. Also, AP expires in 3 weeks, so i think i should be safe to enter before that expires?

 

[woodenshoe101]

AP is intended as a temporary measure while your GC application is pending. Once your GC is approved, it voids the AP document (this is the reason they typically take AP documents at interviews). You are currently solely dependent on your GC, which implies that you reside in the US, which you do not at the moment. What is worse, you have stayed outside the US ever since you received your GC, therefore showing no ties to the US in the sense that you intend to reside here.

You are right that your GC won't be revoked by default before 1 year, but if you have stayed outside the US for first 6+ months you had your GC, you will have a very hard time pleading your case to be let into the US as a permanent resident. If you are outside the US for more than 6 months without good reason (as laid out in a re-entry permit) you are subject to a deep-digging inspection at PoE. Some more info on this here.