staying outside US over a year (1 year and 4 months )?!?

M

medococo

Registered Users (C)
Hello,
i have a greencard DV
i stayed out of US for period of 1 year and 4 months now ,and this is my first time to stay out of US .

but i have certain situation
i entered hospital in US before i left US ..i stayed in there for period 1 month ..the hospital contacted a friend of mine to accompany me
in my way back to my home country because i couldnot travel by myself on the plane .

i got a paper from the hospital that says that i need a company to travel back to my home country on the plane ....my friend(my company) had the required medication for me and the hospital paper that asks authorities to provide help in my way back to my home country .

i want to go back to US now and i dont have re-entry permit ...will i be able to enter the US as i stayed over a year ??can i give the POE officer the hospital paper as an proof
that i was taking treatment outside the US so i stayed over a year
 
medococo said:
Hello,
i have a greencard DV
i stayed out of US for period of 1 year and 4 months now ,and this is my first time to stay out of US .

but i have certain situation
i entered hospital in US before i left US ..i stayed in there for period 1 month ..the hospital contacted a friend of mine to accompany me
in my way back to my home country because i couldnot travel by myself on the plane .

i got a paper from the hospital that says that i need a company to travel back to my home country on the plane ....my friend(my company) had the required medication for me and the hospital paper that asks authorities to provide help in my way back to my home country .

i want to go back to US now and i dont have re-entry permit ...will i be able to enter the US as i stayed over a year ??can i give the POE officer the hospital paper as an proof
that i was taking treatment outside the US so i stayed over a year
Click to expand...

Contact the U.S. embassy or consulate and apply for an SB-1 Visa as a Returning Resident.
 
Your kind of situation is what the Returning Resident Visa (SB-1) is for. Apply for it at a US consulate, then use it to reenter the US.
 
how hard is it ?

am i qualified for it ?

i have a paper from USA hospital that says that i left US with medical company on the plane , and describes the medication i take

is this paper enough to give it to the embassy or i still need paper from a doctor here in egypt that says i was taking treatment till last month ??!
 
medococo said:
how hard is it ?

am i qualified for it ?

i have a paper from USA hospital that says that i left US with medical company on the plane , and describes the medication i take

is this paper enough to give it to the embassy or i still need paper from a doctor here in egypt that says i was taking treatment till last month ??!
Click to expand...

Yes, having BOTH is better. The doctor there should say something like it is NOW OK for you to travel.
 
can i travel without SB-1 visa

can i travel with my GC just like this without SB-1 visa considering that this was my first absence of US ?!.... what the POE officer will do with me ?
 
medococo said:
can i travel with my GC just like this without SB-1 visa considering that this was my first absence of US ?!.... what the POE officer will do with me ?
Click to expand...

You have obviously not lifted a finger to investigate how to apply for an SB-1 visa or learn anything about the process. Visit the Department of State website or go to the consulate and ask for help.
 
medococo said:
can i travel with my GC just like this without SB-1 visa considering that this was my first absence of US ?!.... what the POE officer will do with me ?
Click to expand...

I can only say a lot of people do that, especially many old people. They are retired
and their children in USA sponsored their green card. They kind of think life in USA is
too lonely so they just go back to their home country and come to USA as less frequent as
once in every two years. Usually they do not have any problem and if they do, they do not care that much. They have such an attitude to POE officers: "If you let me in, I am in.
If you refuse my entry, so be it"
 
i understand that i have to get SB-1

,but iam asking what if i skip this step and trvael to US with my GC just like this

what will be the issue ? how the POE will handle this ? will he admit me with warning or not ?!! what do u think ?
 
medococo said:
i understand that i have to get SB-1

,but iam asking what if i skip this step and trvael to US with my GC just like this

what will be the issue ? how the POE will handle this ? will he admit me with warning or not ?!! what do u think ?
Click to expand...

The ailine won't let you board because if they do they get fined.
 
BigJoe5 said:
The ailine won't let you board because if they do they get fined.
Click to expand...

Airlines don't ask and don't know* how long you've been outside the US, so they'll still let a green card holder board the flight after being outside the US for over a year without a reentry permit, as long as the green card is unexpired. And in general they don't get fined when a green card holder (or other visa holder) is refused entry based on facts that are not evidenced in the travel documents presented to them and not otherwise communicated to them before check-in (such as DHS notifying them of a revoked visa).


*if you used the same airline to leave the US, based on that flight date they can know that you have been outside the US for at most that amount of time, but they don't know whether you've returned to the US since then so they have no basis to conclude that your last exit from the US was over a year ago.
 
Last edited by a moderator:
medococo said:
,but iam asking what if i skip this step and trvael to US with my GC just like this

what will be the issue ? how the POE will handle this ? will he admit me with warning or not ?!! what do u think ?
Click to expand...

The green card is no longer valid by itself for entry to the US after staying outside the US for over a year. You'll be allowed to board the flight if your GC is unexpired, but without the SB-1, reentry permit, or other evidence of an exception that allows you to stay outside the US for over a year (e.g. military papers), the POE officer will either refuse entry or let you in with a requirement to see an immigration judge. Unless the POE officer is unaware of how long you stayed outside the US.
 
what if i show the POE the paper that i had from US hospital which says that i left US under certain circumstances and with a medical company on a plane

will he take this consideration into account ?!?
what if he ask me to go to immigration judge ?what happen next after this ?!
 
medococo said:
what if i show the POE the paper that i had from US hospital which says that i left US under certain circumstances and with a medical company on a plane

will he take this consideration into account ?!?
Click to expand...

No. You're supposed to show that evidence to the US consulate and when you apply for the SB-1 visa; you're not supposed to bypass the SB-1 and directly show up at the POE.

SB-1 is not hard to get in your circumstances. Being admitted at the POE without the SB-1 would be a much more difficult situation.
what if he ask me to go to immigration judge ?what happen next after this ?!
Click to expand...

You'll have to try to convince the judge to let you keep the green card.
 
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