[a.carrollduncan]

Hello, I’m curious to hear how long you’d been out of the USA when you returned with your green card? I am a green card holder but have been in the UK for the past 2 1/2 years due to covid and health issues. I plan to return with my US citizen spouse in September, however, I’m worried about being denied entry or being placed in Proceedings for removal. Any info would be greatly appreciated.

 

[Bevdeforges]

Have moved you over here to the US section. I would think there must be some sort of "amnesty" or something for people caught outside the US during the Covid pandemic. You may have to assert your intention to return or something like that, but you may want to check with the US Embassy in London to see if they have any guidance for you.

 

[twostep]

Covid rules have been lifted and international travel was resumed a while back.

Generally the authorities are lenient when it comes to spouses of US citizens. I would be prepared for secondary.

 

[Moulard]

Yeah.. the best route to go would be to try to obtain a returning resident visa (SB-1)

Technically they are only issued when there was a situation that was beyond a persons control that prevented them from returning to the US.

If that fails, then the only option would be to have your US citizen spouse start the green-card process all over again by filing an I-130

Edit: assuming you are in the UK...

Returning Resident Visas

Lawful Permanent Residents (LPR) or Conditional Residents (CR) who have remained outside the United States for longer than twelve months, or two years if

uk.usembassy.gov

 

[twostep]

Yeah.. the best route to go would be to try to obtain a returning resident visa (SB-1)

Technically they are only issued when there was a situation that was beyond a persons control that prevented them from returning to the US.

If that fails, then the only option would be to have your US citizen spouse start the green-card process all over again by filing an I-130

Edit: assuming you are in the UK...

Returning Resident Visas

Lawful Permanent Residents (LPR) or Conditional Residents (CR) who have remained outside the United States for longer than twelve months, or two years if

uk.usembassy.gov

Greencard status remains until either revoked or returned. You cannot apply for something you have.

 

[Moulard]

Greencard status remains until either revoked or returned. You cannot apply for something you have.

When discussing immigration there is third (there are actually others but not relevant here)... abandonment per 8 CFR 211.1(a)(2), if LPR remains outside the U.S. for more than one year, the regulations require invalidation of this green card, when this occurs the DHS takes the position that residency also has been abandoned.

But, if we are going to quibble, then there is no such thing as greencard status...its immigrant status and a visa (or other entry permit) is simply what allows one to enter the country with that status.

The DS-117 is an Application for Determining Returning Resident Status and part of the outcome is a consular adjudication of your residency.

If the application is denied, you have been deemed administratively to have abandoned your lawful permanent residency of the US and thus you lose your immigrant status.

The only option at that point becomes a new petition for an alien relative (I-130) to obtain a new immigrant visa.

If the outcome is positive then the applicant is deemed to have only been temporarily absent from the US (and thus residency is not deemed to be abandoned) and an SB-1 Special Immigrant Visa can be granted.

Yes, the OP is right that technically one can turn up at the border and have ones status adjudicated by CBP officials.

But agree that the direct entry route and adjudication at CBP entry while having the advantage of not having to go through consular processing and the long wait times has to be balanced against the risk of an adverse finding at the border which could result in a finding of inadmissibility in the worst case scenario.

 

[twostep]

Moullard - how do you apply for something you have? OP will have some documentation about the medical issues which kept her from returning to the US and maybe spend a couple of hours in secondary. Please name one spouse with UK citizenship with an expired green CARD who was put on a flight back to the UK.

 

[Moulard]

You are unlikely to be allowed to board a plane with an EXPIRED green card these days... But that is not the same thing as an invalidated one.

A greencard is simply evidence of an immigrant visa, it is not the visa itself.

But I am not going to continue playing these games.

The OP can either fly to the US and allow a CBP official to adjudicate, or apply for an SB-1 visa for more certainty on the outcome.

What I am saying is based on the advice my spouse received from consular officials in similar (but not identical) circumstances. (out of the US for over 2 years without a re-entry permit)

In our specific circumstances we were advised that an SB-1 was unlikely to be issued and would have to go through the whole I-130 process again.

Were we to do the same today it might be a very different outcome