travel outside US longer than 1 year

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stefano64

New Member
I am an Italian citizen holding a Green Card valid throug 2012,
I have been married to a US citizen since 2000 and we have lived together in US
untill 2009. Due to the recent recession I became unimployed and we have lost our house.
Because of our financial situation I returned to Italy in March 2009 with the intention to return as soon as possible.
Unfortunately I wasnt able to return untill now.
How can I apply for a re-entry to rejoin my wife?
I know that after 365 consecutive days out of the US my Green Card has expired.
in case of being found unadmissable for a re-entry permit can I surrender my Green Card
and restart the process for a new Green Card?
In that case can I schedule an appointment at the embassy to sort out this matter?
 
Do not surrender your card. Contact the Consulate and try for an SB-1 visa as a returning resident. So, you have been seperated from your USC spouse for ?2? years? That is not good.

If worse comes to worst, the CBP Officer will refer you to an Immigration Judge.
 
Thanks for the advice, i rather see an Immigration Judge than be away from my wife. Is there any chances the CBP puts me on the next flight back?
 
stefano64 said:
Thanks for the advice, i rather see an Immigration Judge than be away from my wife. Is there any chances the CBP puts me on the next flight back?
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No, as greencard holder you are not subject to expedited removal, you have to go to a Judge UNLESS, you were already deported in which case you have already been to a Judge and a prior deportation order can be REINSTATED. You have not in dicated that in your history so it should not apply.
 
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