Re-immigrating into USA by Green Card holder

Greengo

Registered Users (C)
Hello folks:

A Green Card holder left USA three years ago. He lived abroad, but did not work during that time. He still possesses his Green Card. However, he does not know whether INS knows that he has not been in the US for the past three years.

Now he has fallen in love to a US citizen and they want to marry as soon as possible.

What should the Green Card holder do?
a.) Trying to enter USA with his current Green Card?
b.) Being honest and handling over his Green Card to US embassy in the country where he is currently living?

If a.) is chosen: When sometime in the future someone reports to the INS that he has not lived in the US for three years, can he still be deportated even though he can prove that after he returned to USA he married a US citizen? Or will his marriage save him from deportation?

If b.) is chosen: Handling over the Green Card to the embassy can happen within a few days, right? But how long does it take to enter USA and to marry his fiancee there?

He also intends to found his own company in USA and to hire Americans. However, the investment capital will be less than one million dollar.

Will he be punished because he did not return his Green Card to US embassy as soon as he stayed out of the US for more than one year? Or doesn't it matter when you return your Green Card as long as you do not enter USA with this Green Card after you have stayed abroad for more than one year?
 
JoeF said:
He has lost the GC.
The best course of action would probably be a finace visa, marriage to the US citizen and then applying for a marriage-based GC.

I thought here was a way of applying through the local embassy for a special visa to re-enter into the states for a stay over a year Joe?


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