Away from US for 2 years

[agmark2007]

We got our EB2 based GC in Aug 2011. We -both I and my spouse- were in India at that time and one of my friend sent me the GC in FedEx. What is supposed to be a couple of months long trip has now became almost 2 years of trip due to continued health problems of both of our parents. I continued to "work from home" and continue to earn and file my tax returns in the USA.

All this without prior approval for prolonged absence from USCIS. We are now thinking to return to US to get back to our lives there. I do not know what I should I expect at the port of entry. My children are US Citizens and we have GCs, but with unapproved long absence from the States.

Can someone help us what we should do to make sure that our hard earned GC stays valid and lets us back into the States. Please note that I continue to work as a 1099-MISC based consultant to a reputed company.

Please help.

With best regards,

Rajesh

[JoeF]

You have abandoned the GC.

[pontevecchio]

Give the firm of Murthy a call. It may be possible to qualify for a returning resident visa under limited circumstances.

[pontevecchio]

You can also possibly have the employer refile the GC from scratch retaining the date. You still have to talk to a Lawyer.

[catx]

Notwithstanding the posts about a returning resident visa and refiling for a permanent residency (green card), an immigrant visa (green card) is for permanent residency in the U.S. Both these words are key -- permanent + residency. You were not an U.S. resident when your immigrant visa (green card) was issued, and further you did not, and have not, established permanent residency. Accordingly, your immigrant visa (green card) will likely have been deemed abandoned -- in other words, your immigrant visa (green card) is no longer valid.

In absence of establishing permanent residency and applying for and receiving an approved re-entry permit, you need to consult with a qualified, experienced immigration attorney to determine your options.

[pontevecchio]

Please keep us informed.......

[t75]

Health problems of an individual other than yourself are not generally seen as a good reason for an extended absence. If they were so important, you would not have left in the first place. You were physically able to have returned to the US and chose not to do so. Do work with an attorney to construct the best possible legitimate case for SB1.