Question from Seruby, What happens when a green card holder returns to the USA after a long absence?
Answer from AI:
When a green card holder (lawful permanent resident) leaves the United States for an extended period, they may face challenges upon their return. This is because the U.S. government may consider them to have abandoned their permanent resident status.
Understanding the Concept of Abandonment
Under U.S. immigration law, green card holders are expected to reside permanently in the United States. If you leave the U.S. for an extended period, the U.S. government may consider that you have abandoned your permanent resident status. This is typically triggered if you’ve been out of the country for more than a year, but it can also happen if you’ve been away for less than a year but your actions indicate you don’t intend to make the U.S. your permanent home.
Consequences of Abandonment
If U.S. Customs and Border Protection (CBP) believes you’ve abandoned your status, they can issue a Notice to Appear (NTA) in immigration court for removal proceedings. This seems to be what happened in your case.
Defending Against Abandonment
In court, you’ll have the opportunity to argue that you did not abandon your status. You can present evidence to show that you intended to return to the U.S. and maintain your permanent residence. This could include:
- Proof of ties to the U.S., such as property ownership or family ties
- Evidence of temporary employment abroad
- Reasons for your extended absence, such as caring for a sick relative
In your case, you mentioned that you were unable to find a job in the U.S. from 2015 to 2020. If you can provide evidence to support this, it may help your case. However, the judge will consider all the facts and circumstances, not just your employment situation.
Seeking Legal Advice
It’s crucial to consult with an immigration attorney who can help you prepare your case and represent you in court. Every case is unique, and an attorney can provide advice tailored to your specific situation.
For more information on this topic, you can visit the U.S. Citizenship and Immigration Services (USCIS) website.
Remember, this information is general in nature and does not constitute legal advice. Always consult with a legal professional for personalized advice.
The answer is written by AI.
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