Q: I am a green card holder, I leave USA with my 2 kids US citizens one and a half year ago.Can I go back without reentry p
My big daughter has a depression, I broke my knee cap and had surgery. We couldn't back earlier, I still not complete my physiotherapy. My husband is in USA,he is us citizen, we have house in Hayden ,CO.So can I enter in USA without reentry permit?
A: A green card holder who stays out of the US for more than a year will be deemed to have abandoned his/her permanent residence in the US. An SB-1 visa must be applied for to return to the US. Consult directly and in private with an immigration attorney
A:
As a green card holder, it's important to understand that leaving the U.S. for more than one year without a reentry permit can lead to the presumption of abandoning your permanent resident status. However, given your circumstances, there are factors that may help your case when you attempt to re-enter the U.S.
Your prolonged absence due to medical reasons and caring for your daughter can be considered as mitigating circumstances. It would be beneficial to bring documentation, such as medical records and details of your daughter's condition, to support your reason for staying outside the U.S. for an extended period.
Upon your arrival, be prepared for questioning by the Customs and Border Protection (CBP) officers. They will assess your intent to maintain U.S. residency. Evidence of your ties to the U.S., like your husband's citizenship, your home in Hayden, CO, and your intention to return, can be crucial.
It's advisable to consult with an immigration lawyer to discuss your specific situation and prepare the necessary documentation. They can also provide guidance on how to articulate your situation to CBP officers effectively.
Remember, re-entry into the U.S. after such a long absence is not guaranteed without a reentry permit, but your particular circumstances and strong ties to the U.S. may work in your favor.
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