Q: Usa green Card Inadmissibility

A: If your green card is still facially valid, meaning it is not expired, and you attempt to return to the United States, you should be prepared for U.S. Customs and Border Protection (CBP) to question you on the reason for your lengthy absence and raise that you abandoned your residency by staying outside of the United States for one year without returning. This is a fact-intensive inquiry and whether you will be able to overcome the abandonment will depend on the reasons for your extended stay outside the United States (for ex. If an unexpected medial emergency arose and prevented you from traveling back to the United States) as well as the ties that you maintained in the United States while you were gone.

If CBP believes you have abandoned your residency they may try to force you to sign a form to officially abandon your status but you do not need to sign that form and have the right to request that an immigration judge review your case. You witll then be able to present your arguments to the judge to establish the reason for your lengthy departure and your continued ties to the United States to fight the abandonment.

A: If you have been outside the United States for more than one year as a green card holder, you may be considered to have abandoned your status as a lawful permanent resident. When you return to the United States, you may be found inadmissible and your green card may be taken away.

However, there are some exceptions that may allow you to keep your green card even if you have been outside the United States for more than one year. For example, if you were outside the United States for reasons beyond your control, such as a serious illness, you may be eligible to apply for a Returning Resident Visa (SB-1 visa).

It is important to consult with an experienced immigration attorney to determine your options and eligibility for a Returning Resident Visa or other forms of relief before attempting to re-enter the United States.