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  1. #1
    Join Date
    Apr 2014
    Posts
    1

    Default What Happens After a Permanent Resident is Outside of the U.S. For Over a Year

    Hi all,

    After searching for a while I gave up and came here to find my answers. I hope you guys can help me out because I am traveling to the US this saturday.

    Here is my story:
    I been flying around for 4 years up and down to the US to renew my Greencard and this year (actually this saturday) I will be staying in the US for the rest of my life. I am from the Netherlands and I was a student for a while and I finished my BSc 2 months ago. It took quite a lot of time and effort the last 6 months of my graduation and I accidentally went over my 365 days outside the US.(3 weeks only) I went to the US without knowing this and got sent to USCIS I talked with the guy of homeland security. He said because I was late I had to get a I-193 which cost me 585 dollars. He told me I could keep my greencard and that next time I come I should stay 3 months in the states so I can finish up my 1 year master without a problem in the Netherlands. He also wrote the story in the system advising the next time I come to the other officer that I am trust worthy and I would stay 3 months so I wont lose my greencard. Then he stamped my dutch passport with the I-193 stamp. (not an ARC)

    When I checked online when I came back to holland I saw that LPR that stay outside the US for over a year lose there LPR status and have to do a SB-1 visa. So why didn't the officer tell me that ? why was he like I still had my greencard and LPR status even though he made a I-193 and told me I was over a year and told me to enter the US ASAP and stay for a while in it ? Was he just stupid or did he change my greencard to be valid again ?

    I am going this saturday to the US and I am worried I might have to pay another 585 dollars to enter the US. To avoid that I thought I will make a ESTA Visa Waiver program (which gives you the right to enter the US for 2 years). But is that allowed even though I don't know if my greencard is valid or not ? Is there a way to check ? Does the Greencard auto invalid after 1 year exactly or does someone do that at the USCIS when I enter the airport?

    Also there is this particular question I have on my ESTA form which I cannot answer either considering I am looking for a job in the US but the other options just look way too scary to answer yes. And if answering no would that mean I will be prosecuted because I "Lied" and be banned from the US. Would I get in trouble for making an ESTA if I still have a greencard ? (I know the question was ment for people without a greencard but this is my backup)

    Here is the Question :
    "Are you seeking to work in the U.S.; or have you ever been excluded and deported; or been previously removed from the United States or procured or attempted to procure a visa or entry into the U.S. by fraud or misrepresentation?"

    Even if I get in the country with the ESTA can I still get my LPR status back that's if I lost it ? (even though the officer didn't mention and didn't give me any indication I did lose it)

    I hope you guys could help me I really need a solution badly :'(

    Thanks in advance !!! Very much appreciate it!

    Greetz,
    Qwin

  2. #2
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: What Happens After a Permanent Resident is Outside of the U.S. For Over a Year

    Officers at the border have some flexibility in applying the rules. It sounds like it was determined that you had not abandoned your green card.

    You are creating a problem for yourself if you go through with your current plan. You need to seek the assistance of a US immigration attorney to explain your rights and responsibilities and to assist you in preparing for your next entry into the US.

    Your situation can probably be cleared up for you with a telephone consultation. You cannot just "get your LPR back" if you have lost it. Lying on a US immigration form is one of the worst things you can do. The consequences are generally far worse than those for the offense. Rule number one is "never lie to US immigration."

    Postpone your travel date if you cannot figure out what to do. In the event you cannot do so, appear for entry with your GC only. If you have a problem, immediately engage an attorney.

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