Can I enter the country after one year of my green card being expired? 12 Answers as of June 21, 2012

Hi.My husband physically forced me to leave the country and now I need to get back to USA because of divorce process.I have Green Card CR6.Can I enter the country even one year expired since I left USA?

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Elkhalil Law Firm, LLC
Elkhalil Law Firm, LLC | Hassan Elkhalil
If your Conditional green Card is valid, you can enter the U.S. However, you may have to answer question at the airport as to why you stayed outside of the U.S. for more than one year.
Answer Applies to: Georgia
Replied: 6/21/2012
Reza Athari & Associates, PLLC
Reza Athari & Associates, PLLC | Reza Athari
If you stayed outside US for more than a year, there is a presumption that you abandoned your status. I would go to the consulate and apply for a visa.
Answer Applies to: Nevada
Replied: 6/18/2012
Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
No, you cannot reenter with an expired green card. If it was a conditional green card, you would have needed to timely file a petition to remove the conditional status. If you have not done that, your status has been terminated. You may want to schedule an appointment with the Embassy where you are currently residing to explain your situation and see if there are any means for you to reenter the US.
Answer Applies to: California
Replied: 6/15/2012
Law Offices of Brian D. Lerner, A PC
Law Offices of Brian D. Lerner, A PC | Brian David Lerner
*Application to Apply for Non abandonment of Residency* When a Lawful Permanent Resident has been outside the U.S. for more than one year, they can no longer reenter on their Lawful Permanent Resident Card. In this case, it would be necessary for the application for Non abandonment of Residency to be filed. We would have to prepare a legal brief along with declarations, affidavits, medical reports, and all other supporting evidence to show why the resident did not return to the U.S. within the allotted year. The more supporting documents we have showing the critical reasons the resident did not return to the U.S., the better chances of success. Once the application is prepared and filed, it usually takes between one and three months to get a decision.
Answer Applies to: California
Replied: 6/13/2012
Law Office of Pho Ethan Tran PLLC
Law Office of Pho Ethan Tran PLLC | Pho Ethan Tran
If you attempt to reenter the US on your expired green card, you should be prepared to tell your story to the immigration officer at the port of entry. The officer has the authority to allow you back into the country. It may also be necessary for you to submit an application on form I-191.
Answer Applies to: Texas
Replied: 6/12/2012
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    You may be able to re-enter the United States, but that will be left to the discretion of Customs & Border Patrol to determine whether you abandoned your residency. You would be best to apply for a returning resident visa through the U.S. Embassy/Consulate. This is a visa that allows you to return to the U.S. after a year or more abroad. You will need to demonstrate: (1) you had the status of a lawful permanent resident at the time of departure from the U.S.; (2) departed from the U.S. with the intention of returning and have not abandoned this intention; and (3) are returning to the U.S. from a temporary visit abroad and, if the stay abroad was protracted, this was caused by reasons beyond your control and for which you were not responsible. You will be interviewed in connection with this visa so you need to be prepared to answer questions and submitted supporting evidence.
    Answer Applies to: New York
    Replied: 6/12/2012
    Feldman Feldman & Associates, PC
    Feldman Feldman & Associates, PC | Lynne Feldman
    You will need a Returning Resident letter from the consulate - these are tough to get and the burden of proof is on you. If your spouse abused you though you may be able to self-petition if your green card is determined to be abandoned. I suggest legal counsel to work through these issues.
    Answer Applies to: California
    Replied: 6/12/2012
    Pacifica Legal Services
    Pacifica Legal Services | Floyd Fernandez
    Yes. Apply for I-131 emergency Advance Parole to reenter. You should have no problem, but contact an attorney for help.
    Answer Applies to: California
    Replied: 6/12/2012
    The Law Office Kevin L. Dixler
    The Law Office Kevin L. Dixler | Kevin Lawrence Dixler
    This gets complicated, since abandonment of status takes place after one year outside the U. S. without a re-entry permit and additional proof. However, there is an option that may protect your rights and allow you to preserve status. For more information, I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney like our firm. Good luck.
    Answer Applies to: Illinois
    Replied: 6/12/2012
    Baughman & Wang
    Baughman & Wang | Justin X. Wang
    If your card has not expired, you can try to enter the US. If questioned by CBP, you should be prepared to present your story why you did not return to the US sooner. If your card has already expired and you left the US for more than one year, it is complicated and you should hire an immigration lawyer to assist you.
    Answer Applies to: California
    Replied: 6/12/2012
    441 Legal Group, Inc.
    441 Legal Group, Inc. | Gareth H. Bullock
    Technically no staying out of the country for more than 11 months and 29 days can cause USCIS to take away your green card on the basis that you have abandoned it. However, if you enter the US and you're not hassled and are admitted then you are ok. Give if a shot.
    Answer Applies to: Florida
    Replied: 6/12/2012
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