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  1. #1
    Join Date
    Apr 2009
    Posts
    1

    Question Going Back After 1.5yr Absence As a Tourist

    I have GC, lived in the US for 4 years, filed tax returns, 401k, everything, etc.

    I left the US to travel around the world on April 7, 2008, initially planned to come back in August 2008, but never did (not life/death/sickness reasons). I started one-year post-grad studies in Asia instead.

    I did not obtain re-entry permit when leaving. I would like to go back to the US in July, which is 1.5 yrs after I have left.

    I do not have good enough reasons for not coming back within a year, so I do believe I can get SB-1 visa. Does it mean it’s over for me?

    So I am thinking about two scenarios:

    1. Flying in and trying to enter with GC as is explaining that my apartment, credit card, everything is still valid in New York. What are the chances my GC will be confiscated?
    2. Entering the US as a tourist (I do not need visa with my passport) and then applying for re-entry permit once in the US. Would they know of my absence once I am in the US? Would my green card be invalid if I enter as a tourist and start working?

    Thank you for advice!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Going Back After 1.5yr Absence As a Tourist

    If you wish to try to preserve your Green Card, I suggest that you consult an immigration lawyer.

    If you wish to give up your Green Card and be treated as a tourist, I suggest going to the U.S. embassy website for your nation, getting form I-407, and filing it to formally abandon permanent residency. Tourists can't legally work in the U.S.

    If you enter as a tourist you will be stating that you no longer have any intention of becoming a permanent resident.

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