Thread: Green Card Problem??

Hello All!!

I was just wondering. I have a green card, but have been in the UK for almost a year now. I need to go back to the states, and wondered if my card will be taken away?

I did send in a request to put it on hold over a year ago but didn't do the finger print part, so never got the paper work.

I heard if i return within a year I should be ok? but is this just wishful thinking?

Thanks

Originally Posted by jimbo

Hello All!!

I was just wondering. I have a green card, but have been in the UK for almost a year now. I need to go back to the states, and wondered if my card will be taken away?

I did send in a request to put it on hold over a year ago but didn't do the finger print part, so never got the paper work.

I heard if i return within a year I should be ok? but is this just wishful thinking?

If you have a greencard and it hasn't actually expired (which you don't mention) and you return within 12 months, then realistically you should be fine.

I'm guessing from what you say (because you're not quite clear on this part) that you applied for a re-entry permit before you left, but didn't complete it because it was taking too long or something? You don't legally need that unless you're going to be out of the US for more than a year and less than 2.

If you have been out of the country for less than a year, (as you say you have) and the greencard is valid, then you really should be fine coming back on it. The immigration official at the POE is likely have something to say because you've been out for more than 6 months, and they might question why you were away so long but I'm sure you have a good reason.

Advice? Try and make sure you get back to the US before your year is up year from the date on which you left, otherwise it's going to be extra hassle and lots of questions. The abandonment issue could come into play if you leave it over a year and haven't applied for the re-entry permit before you left too.

An immigration lawyer would be able to help if you got into a real jam.

Hope that helps