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Re-entering the US with green card after 11 month absence

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jwuk45
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Joined: Thu Sep 03, 2009 4:32 pm

Re-entering the US with green card after 11 month absence

Post by jwuk45 » Thu Sep 03, 2009 4:39 pm

Hi,
I moved back to the UK nine months ago after living in the US for five years. I plan to return there in November, for a two week visit, although I may decide to stay permanently if things work out with a job. I have a green card which is valid until 2016. Also, I have filed my tax returns for this year (I used a friend's address), and I still have a US bank account.

My question is, if I am questioned when I arrive in the US about how long I plan to stay, will telling them I am just coming for a visit cause them to think I have abandoned my permanent resident status, and revoke my green card? Would I better off telling them I am coming back for good, regardless of whether or not I actually return to the UK after 2 weeks?

One other thing, I noticed when I booked my flight that UK citizens require online authorization to travel (as of January 2009). Does this apply to me even though I have a green card?

Thanks in advance

Marco 72
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Posts: 1102
Joined: Wed Oct 05, 2005 2:53 pm
Location: London

Re: Re-entering the US with green card after 11 month absenc

Post by Marco 72 » Fri Sep 04, 2009 1:16 pm

I suggest you post in the following forum, where you may find people who are familiar with green card abandonment issues:

http://britishexpats.com/forum/forumdisplay.php?f=34

UKStephen
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Posts: 17
Joined: Thu May 07, 2009 8:36 am

Post by UKStephen » Mon Sep 07, 2009 8:25 am

IN my experience they are getting very strict on this issue. I had a green card and in 2007 was posted back to the UK for a year. Each time I returned to the USA during that year for business trips I was questioned about how long I was away. I still had a house, mortgage, and a job to return to so I was ok, and during each return trip there was genuine intent to return to the USA at the end of the year. Apparently, if you are gone more than 6 months they can revoke your card if it is deemed you have abandoned, and after 1 year they will revoke your card. I since decided to stay in Europe for good, and voluntarily abandoned my green card at the embassy. Better to give it up yourself than to have it taken off you.

I would think you need to let them know you are back in the UAS for good, without actually lying about it. Filing taxes is a good way of maintaining status, so take along a copy of your tax return.

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