Overstayed Outside the U.S. -- Lawful Permanent Resident

This is a discussion on Overstayed Outside the U.S. -- Lawful Permanent Resident within the Green Card Issues forum, part of the Other Immigration Law & Visas category; Hi! I'm a Lawful Permanent Resident, just want to ask some question regarding my green card if I can still ...

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Old Oct 4th, 2010, 12:20 PM   #1
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Unhappy Overstayed Outside the U.S. -- Lawful Permanent Resident

Hi! I'm a Lawful Permanent Resident, just want to ask some question regarding my green card if I can still go back to the Us after a 13 months of stay outside the US?

Got my GC way back March 2007 by USC father, and apparently i had two trips outside the US, the first one was May 2007 to study abroad and had a Re-entry permit with me, returned back to US on August 2009 prior to the expiration date of my Re-entry, leave again on October 2009, i had no intentions of overstaying 'cause i have no idea about the policy, and now am planning to go back, what's the best way for me to do in order to retain my PR status? Do i need to file a SB-1? for me to be able to enter US without taking my green card away from by an immigration officer?

I've read some info. that once a gc holder exceeded her/his stay for more than 12 months the immigration officers at the Port of Entry will take the gc away and get the person deported, is that true? I really have no idea about this..

Hoping for your answer.. Thanks and more power!
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Old Oct 4th, 2010, 10:15 PM   #2
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Default Re: Overstayed Outside the U.S. -- Lawful Permanent Resident

I wish to inform you that if a person stays outside USA for more then 1 year without Re Entry Permit then you may be thought to have abandoned your green card and so may not be allowed. You may apply for returning resident visa in your nearest US Consulate and can then come to USA. You will provide reasons why you have overstayed overseas to the Consulate official. To file for a SB-1 visa (Returning Resident visa) you will need to file you will need to file Form DS-117. You will also submit your Form I-551. You must show your ties to US like family, filing of tax returns, etc. Your air tickets, etc. will need to be shown to the Consulate official. You will be interviewed in the Consulate and if your Returning Resident visa is approved, you may return to US.

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Old Dec 2nd, 2011, 06:32 PM   #3
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Confused Re: Overstayed Outside the U.S. -- Lawful Permanent Resident

Hello,
I have similar situation, I overstayed outside US more than year because of my family issues, I have a green card, I am married with US citizen and I have my child with me, who is also more than year outside US, but he is US citizen because she was born in US, I understand that I need to get Returning Resident visa, but I have a question - if I will return with SB-1 visa, can I apply for US citizenship immediately after returning? If not, then how soon I will be able to do it?

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