bendannett

I am a Green Card holder of 8 years. My job in the film Industry takes me all over the world. Last year I worked in The UK, but due to the recession the work came to a halt, so I applied for work in the US. This also came to no avail due to lack of jobs in the film industry (in my specialized area of expertise) So I had to travel further afield to New Zealand!
I stopped in transit in LA on the way to NZ but I didn't have time to sort out a reentry permit.
I am planning on returning to the US next month to resume employment, but I'm concerned that they won't let me return.

Is there anything I can do before I return, like visiting the NZ consulate? Will they be able to tell me if I still have a valid Green Card?

~Thanks

Noorah101

No, they won't be able to tell you.

You are a US Permanent Resident until a US Immigrant Judge says you aren't. Even if the POE officers have doubts when you show up at the US POE, they have to let you in and have you straighten out your status with an Immigrant Judge.

How long have you been outside the USA at one continuous time?

Rene

bendannett

Hi Rene, thanks for your reply.

Apart from the most recent time I have always managed to return within the year, even when I received a 2 year re-entry permit.

Another immigration laywer told me that even though I failed to present my GC during my transit through the States, the date stamp in my passport is the record of my last entry into the states (even if it was just during transit) and that when BC asked for my duration outside of the States I could honestly state that date (which would be less than one year.)

In the event of a court hearing when I arrive, my US employers have offered to write a letter explaining their need for me to work there, and reasons for job unavailablity until now.

Noorah101

So how long were you outside the USA the most recent time?

Rene

ian-mstm

I suggest you apply for naturalization... after which you won't have these sorts of issues.

Ian

scrubbedexpat099

What have you done to maintain residency?

crg

Did you ever actually move to the US when you received the card? Rent/Lease/Own property? Any family? File taxes?

I suspect you have yet to reside in the US.

bendannett

I lived in the US for 5 years straight (3 years on L-1 Visa & 2 years with Green Card).

How much information does a BPO have on the screen when they scan the GC? I've always been asked how long have I been away from the US when passing through, and was curious why the entry/departure dated were not displayed on the screen?

scrubbedexpat099

What makes you think they are not?

Noorah101

And how long have you been away from the USA since obtaining your GC? Especially this last visit outside the USA.

Rene

scrubbedexpat099

8-2?

bendannett

Does it make any difference if the GC is scanned? Does the arrival/departure info still get registered on the card even if I only presented my passport at the POA?

bendannett

I have been out for over half the time....5 out of 8 years. I received a reentry permit for 2 years. I have asked my employer in the States to write a letter stating that due to the specialized nature of my job, they have been unable to employ me on a regular basis, meaning that I have to find work overseas. I thought this may be useful documentation if I had to contest my case in front of an immigration judge.

It would be great if there was a visa that was a step down from a GC which enabled you to work on a limited basis, without relying on sponsorship from a US employer.

Noorah101

Being overseas for work IS a valid reason for being outside the USA....but you still must maintain the USA as your permanent home. Have you been doing that? You also should have been getting the re-entry permit renewed if you were going to be out that long at one time.

Rene

Marocco

Have you been filing your US taxes?