re-entery process needed?

[souhila]

Greetings everyone,

I am an Algerian (North africa) citizen and in 2001 went to the US with my family as political refugees, after a few years i received my green card, during those years i lived in the States i studied and worked and my records had been clean. In July 2006 i left the States and came back to my country for family reasons and i have been here for the past 2+ years. my green card is the 10yr type. now im wondering if i am allowed to go back to the States seeing i have been away from the country for just over two years. what is the process i need to go through exactly and do i need a visa to enter the US? and is my green card still valid?

also, will i be allowed to take my fiance with me? hes an algerian citizen whos never been to the US before.

any help you may offer is very much appreciated.

[olive]

WORLDLawDirect - Green card: Abandonment of residence

You can still try to argue that you did not abandon your residence--see the article above. You may want to have immigration counsel assist.

It is an all too common situation – after years of bureaucratic entanglements, a person finally obtains lawful permanent residence in the US, only to find they still have business or family concerns that will keep them out of the US for an extended period of time. Often, the lawful permanent resident (LPR) will try to reenter the US, only to have a port of entry officer or consular official tell them they have abandoned their permanent residence status. Absences from the US of more than six months raise a rebuttable presumption that an individual intends to abandon permanent resident status, and absences of more than one year invalidate the green card as an entry document unless the person holds a valid re-entry document. This means that a foreign national who has been continuously abroad for more than 12 months may still be a permanent resident, but a special immigrant visa issued by a US consul may be necessary to re-enter the US unless the individual has a valid re-entry permit.

[olive]

Unknowingly Abandoned Green Card. Can I get it back?

Returning Resident (SB-1) Visa

If you are a lawful permanent resident and you are unable to return to the United States within the travel validity period of a Permanent Resident Card (one year), or a Reentry Permit (two years), you may apply to the nearest U.S. consular office for a special immigrant Returning Resident (SB-1) visa. To qualify for this status, you must show that:

• You were a lawful permanent resident when you departed the United States;
  
• When you departed, you intended to return to the United States and you have maintained this intent;
  
• You are returning from a temporary visit abroad and, if the stay was protracted, that it was caused by reasons beyond your control and for which you were not responsible; and
  
• You are eligible for the immigrant visa in all other respects.

If you wish to apply for a Returning Resident (SB-1) visa, you should contact the nearest consular office well in advance of you intended travel (at least three months in advance, if possible) to permit sufficient time for visa processing.

If the returning Resident (SB-1) visa is refused on the grounds that you have given up your residence in the United States, it may or may not be possible to obtain a nonimmigrant visa, depending on whether you have established a residence abroad to which you will return. If you cannot submit convincing evidence of compelling ties abroad, you may have to apply for an immigrant visa on the same basis by which you immigrated originally, if that is possible.