Immigration Corner | How can I get back to the US?

Dear Mrs Walker-Huntington,

I have been a green card holder for several years but, the truth is, I have never really lived in America. I used to go there a few weeks every six months but, for various reasons, I have not been back in more than two years. My green card has not expired. How can I return to the US so I can keep my green card?

– Concerned

Dear Concerned:

As a permanent resident (green card holder) of the United States, you are supposed to live in the US – unless you are the beneficiary of a Re-Entry Permit or qualify to file an application to preserve US residency while you are working outside the country.

If a green card holder is not able to reside in America, they should file an application for a Re-Entry Permit. If approved, the Re-Entry Permit allows the recipient to remain outside the US for the period of the permit (up to two years and renewable). Some permanent residents can work for a US company (that meets certain requirements) outside of the US and file an application to preserve their residency.

UNAPPROVED ABSENCE

Persons such as yourself who find themselves outside of the US for a year or more without any of the above permissions are deemed to have abandoned their US residency. If you wish to return to the US after an unapproved absence, you must apply for a Returning Resident (RR) status at the US Embassy in your country. If approved, the embassy will process your return, including requiring a medical examination. If the application is not approved, you would need to turn your green card in to Department of Homeland Security and apply for a non-immigrant visa to visit the US. Issuance of a non-immigrant visa in these circumstances is not guaranteed.

Previously, if you were outside the US for more than a year, Customs and Border Protection (CBP), at their discretion, could process the RR request at the border and charge you a penalty, the equivalent of the RR application, and permit you to enter. CBP could also suggest that you surrender your resident card. Ultimately, CBP could issue a Notice to Appear that would place you in removal (deportation) and you would see an immigration judge to determine whether you have in fact abandoned your residency.

With today’s rapidly changing immigration environment in America, reports are being shared by the immigration bar that green card holders who have remained outside the US for more than a year and return to the US without obtaining RR status prior to entry, and who refuse to surrender their green cards, are now being detained and placed in removal proceedings.

It is important that, if you are a green card holder who has not been living in America, and you do not have a Re-Entry Permit or filed an application to preserve US residency, you consult with a US immigration attorney before any travel to the US.

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 mediator and former special magistrate and hearing officer in Broward County, Florida. info@walkerhuntington.com