Immigration Corner | Can my father return to the US after 10 years?

Dear Mrs Walker-Huntington,

My father has been a green card holder since 1989 and was living in the US for a few years before returning to Jamaica. He has not travelled to the US in over 10 years. I want to know if there are any procedures that need to be followed for re-entry. Will they turn him back because of how long he has been away? Also, can he turn in the green card and apply for a visa?

–JH

Dear JH,

A green card holder is is supposed to live in America. If you are unable to reside in America, you can apply for a Re-Entry Permit that if approved, would allow you to remain outside of the United States for one to two years – depending on the approval.

If you are outside of the United States for a year or more, a person is deemed to have abandoned their US residency. A green card holder returning to the United States after an absence of a year or more is classified as a returning resident. This classification requires approval prior to arriving in America and is to be requested at the in-country America embassy or consulate.

Returning resident application requires the applicant to demonstrate that they were a resident of the United States, that they left America on a temporary visit, prove the reasons why their trip became a long-term stay, and that they are returning to their domicile in America. This is a high standard to meet, and documentary evidence must be submitted to prove all the criteria. There is also an application fee.

There are some persons who are unaware of the Returning Resident application and return to the United States. Upon arrival, they are taken to secondary inspection and questioned about the length of their absence. If the Customs and Border Protection Officers decide to grant such a person entry into the United States, they are fined in an amount equal to the Returning Resident application fee.

Your father can certainly surrender his green card and US residency status and apply for a US non-immigrant visa – but it is not a guarantee that he would be granted a visa.

Dahlia A. Walker-Huntington, Esq. is a Jamaican-American attorney who practises immigration law in the United States; and family, criminal and international law in Florida. She is a diversity and inclusion consultant, mediator and former special magistrate and hearing officer in Broward County, Florida. info@walkerhuntington.com