How to Enter the US after Being Abroad for Longer than a Year
When Lawful Permanent Residents (LPRs) stay abroad for longer than one year, their green card is considered to be abandoned.
LPRs can overcome this problem by proving they have maintained sufficient ties to the United Stated and never intended to abandon residency.
Examples of why an LPR is unable to return to the U.S. include, but are not limited to, taking care of sick family member, a natural disaster, civil strife, or foreign government actions.
In this video, Joseph shares how the firm helped an LPR client reenter the U.S. after living abroad for over 9 years!
Key features of our client:
Lived outside the U.S for over 9 years
Did not have the physical green card
Applied for SB-1 visas in 3 different consulates but was denied
This video is brought to you by Tsang and Associates, a boutique international law firm that solves legal problems with creative solutions.
Green Card Overseas Over One Year is a new short series that dives into different solutions to maintain your hard-earned U.S. lawful permanent resident status after being abroad for over a year. Attorney Joseph Tsang discusses different ways we have successfully helped our green card clients to return to the U.S., and most importantly, preserve their lawful permanent statuses.
Returning LPRs must present the required documents for entry pursuant to 8 CFR 211.1. Per regulations, LPRs who have been out of the country for more than a year and less than two are required to present a re-entry permit when seeking admission. CBP does consider the totality of the circumstances when processing LPRs who have been out of the country for more than one year.
9 FAM 502.7-2(B), Returning Resident Status; 9 FAM 502.7-2(C), LPR individuals who are unable to return to the United States within the travel validity of their Form I-551 or Re-entry Permit, may apply at a U.S. Embassy or Consulate for a special immigrant Returning Resident (SB-1) visa; INA 101(a) (33), lack of fixed dwelling place in the U.S. is not dispositive; 8 CFR 211.1(a), only required “unrelinquished lawful permanent residence”; 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, but DHS takes the position that residency also has been abandoned; INA 101 (a)(27), If visit abroad is temporary, residency is not deemed abandoned.
As each solution is unique in its own way, keep reading below to see the complete episode list!
👉Green Card Overseas Over One Year Episode List:
1. How to Prove You Did Not Abandon Your Green Card
2. How to Apply for an SB-1 Returning Resident Visa
3. How to Overcome a CBP Secondary Inspection
4. How to Choose between CBP Entry or an SB-1 Visa
5. How to Apply for I-131A Carrier Documentation When your Green Card Has been Lost
6. When Your Green Card Expires While You Are Abroad: Can you Still Return to the US?
7. How to Reenter the U.S. With an Expired I-551 Stamp
8. How to Enter the US after Being Abroad for Longer than a Year
9. Everything You Can do to Prove Your Did NOT Abandon Your Green card
Contact us at info@tsangslaw.com or call us at (562) 924 1981 today to learn more!
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Пікірлер: 13
Amazing case! Brings so much hope !
@TsangAssociatesPLC
Жыл бұрын
Thank you so much!
You are the man. Brotha
@TsangAssociatesPLC
2 жыл бұрын
Thank you for your comment!
Negative and difficult case solved.
can you please tell us what the reasons were as to why that client stayed so long outside the us and didn't return until they did?
@TsangAssociatesPLC
4 ай бұрын
Thank you for your interest in our video and for your question! The client stayed abroad for an extended period primarily due to medical reasons that required ongoing medical assistance outside the U.S. These circumstances prevented them from returning within the expected timeframe. We hope this clarifies your query!
Is the war between Russia and Ukraine valid as an excuse? I have a friend that was ready to come back and the the war happened and he’s trap there
@TsangAssociatesPLC
2 жыл бұрын
Hi there, Thank you for your question. Please reach out to us at info@tsangslaw.com, or call us at (562)-924-1981 to talk further about your specific case. We are open from Monday to Friday from 9am-6pm PT.
Hey how can I contact
@TsangAssociatesPLC
2 жыл бұрын
You can reach out at media@tsangslaw.com or directly call at (562) 924-1981
Hi attorney. My green card expired 12 years ago and it was beyond my control because I was i minor at that time. i just found out last year around October 2021 that i have my green card and am planning to file for a return visa. do i have any chance to be approved again? Thank you
@TsangAssociatesPLC
2 жыл бұрын
Hi Mark, Thank you for your question! Feel free to reach out to us at media@tsangslaw.com and we are happy to schedule a strategy session for you.