Lpr Status If Returning After 3 Years

[skcurious]

I have a green card.

However, my husband got a job overseas and I accompanied him, 3 years back.

Filed taxes every year as a resident. Own a home in USA which I rented out. Intention was always to return. Reentry permit also expired after 2 years.

Now my husband wants to move back to the USA. He is a US citizen.

If we return together, will I have problems reentering after a gap of 3 years?

What is the worse that can happen at the port of reentry at the airport? Can I be sent back by the next flight?

What are my options?

If my husband was employed overseas with a US corporation serving interests of the US government, section 319(b), is my situation any better?

What is deferred inspection?

 

[Jackolantern]

What is the worse that can happen at the port of reentry at the airport? Can I be sent back by the next flight?

Worst case is that you will be sent away and your green card revoked.

If my husband was employed overseas with a US corporation serving interests of the US government, section 319(b), is my situation any better?

Definitely yes.

You need to consult a professional who can look at all the facts surrounding your situation and give you answers specific to your case. You may need to apply for a Returning Resident Visa, among other steps to secure your reentry back to the US. Handle things wrong and it will be an expensive nightmare.

 

[blahblah_gc]

There are many cases like yours in this forum, you can do a little searches. Here are the 3 possibilities, assuming you didn't do anything in advance.

When you are at the POE, the officer asks how long you have been out.
1. You lied and he/she didn't find out your actual situation at the time, you should be fine to entry the country. The problem may still
show up when you are applying for citizenship.
2. You lied and he/she found out your actual situation. You have pretty high chances to be taken to some room for furtuer investigation
and your GC might be confiscated. You need future court appearance in order to get it back. I think they will let you enter the
country still.
3. You didn't lie, the chances for GC confiscated is still high.

I am sorry that you don't have much choice here. You can try to come back through Canada, I am not sure if it is better. Or do what Jackolantern suggested, or just prepare your reasonings well and get ready for the court appearance in order to get back your GC after you are in the country.

 

[bahadur007]

I have a green card.

However, my husband got a job overseas and I accompanied him, 3 years back.

Filed taxes every year as a resident. Own a home in USA which I rented out. Intention was always to return. Reentry permit also expired after 2 years.

Now my husband wants to move back to the USA. He is a US citizen.

If we return together, will I have problems reentering after a gap of 3 years?

What is the worse that can happen at the port of reentry at the airport? Can I be sent back by the next flight?

What are my options?

If my husband was employed overseas with a US corporation serving interests of the US government, section 319(b), is my situation any better?

What is deferred inspection?

I'm not an expert on this and you should definitely consult a good lawyer, but you could actually be in a very fortunate position and be able to apply for US citizenship right now, assuming your husband is a US Citizen and he was transferred by a US corporation pursuant to 319(b). Someone in a similar position posted on this board several weeks back:

http://boards.immigration.com/showthread.php?p=1824811#post1824811

Section 319 (b) of the INA:

Any person,


(1) whose spouse is


(A) a citizen of the United States,


(B) in the employment of the Government of the United States, or of an American institution of research recognized as such by the Attorney General, or of an American firm or corporation engaged in whole or in part in the development of foreign trade and commerce of the United States, or a subsidiary thereof, or of a public international organization in which the United States participates by treaty or statute, or is authorized to perform the ministerial or priestly functions of a religious denomin ation having a bona fide organization within the United States, or is engaged solely as a missionary by a religious denomination or by an interdenominational mission organization having a bona fide organization within the United States, and



(C) regularly stationed abroad in such employment, and


(2) who is in the United States at the time of naturalization, and



(3) who declares before the Attorney General in good faith an intention to take up residence within the United States immediately upon the termination of such employment abroad of the citizen spouse, may be naturalized upon compliance with all the requirements of the naturalization laws, except that no prior residence or specified period of physical presence within the United States or within a State or a district of the Service in the United States or proof thereof shall be required.

 

[porajoy]

skcurious,
Can you share your experience? We are in same boat...and would be benefited from your reply.