bendannett

I haven't filed US taxes for the last 2 years. Is it possible to file for previous years? I know you can do that in NZ. I have a bank account and a US address. Does that help?

Noorah101

Marginally.

Why didn't you file the past 2 years? As a US PR, you are required to file a US tax return on worldwide income, every year.

Your case is looking worse as it goes...but still, when you get to the POE, they MUST let you in on the basis of your green card and let an immigration judge decide for sure.

Rene

scrubbedexpat099

You have property or a PO Box?

You might want to consider consulting with a lawyer familiar with abandonment issues, most are not.

bendannett

Yes I have a US address & a bank account, so maybe that will help my case.

Thanks for your help!

I'll get in touch with a suitable immigration laywer that deals with abandonment.

scrubbedexpat099

I have a UK bank account, but I am not resident in the UK.

I also have several UK address's I use.

ian-mstm

No, it won't... an address is not property. I have a Canadian address I use and a bank account... and I haven't lived there for 11+ years. It proves nothing.

You might want to consider filing for an SB-1 visa.

Ian

A I

As far as I know you still can and should file. I think what you really should have done was file a re-entry permit long ago. but since we don't have access to a time machine to go back, we can't do that anymore.

I have someone in the neighborhood who came back from France after 3 years with no visits on a green card. She says they took her to secondary and chewed on her for a while, but eventually let her in- which surprised me. (I met her after this arrival)

You are a green card holder until someone takes it away. If you travel back unprepared, someone at inspection might do just that and take it.

a consultation fee with a good immigration lawyer would be a good wise investment and this point to go over your specific circumstances and options at this point.

crg

I'd consider the SB-1 to be a bad idea. It's specifically for those who have been out for more than one year. It's not a reaffirmation of status for a borderline LPR. If he maintains enough ties to the US for it to be considered his residence, he should be prepared to prove it. If he has really abandoned his residence, he can either roll the dice at the border and/or with the immigration judge or complete an I-407 to cough up the status.

XYZ123

I know people who have stayed abroad for 4 years and they just flew right back in to the USA and swiped their Green Cards and that was that. Nobody asked them any questions.

If they do ask you how long you have been abroad just say 2 months.

Anyway they cannot stop you from entering. They can just schedule a hearing before an immigration judge. Only the judge can take away your PR status. If they do make you appear before a judge, only then should you spend your money on a lawyer. 99% chance you will just sail through immigration with your Green card.

Rete

We do not recommend every lying to anyone in the USCIS or customs.

Remember the advice you get here is only as good as the poster uttering it. This advice is not good.

Sharron_

I should think that when they swipe your Green Card, it would state the date it was swiped when you left???? (When I left the USA...they swiped mine and again on re-entering). Just because they ask how long you have been away.....doesn't mean to say they don't already know and I wouldn't think the USCIS would have computers from the Flintstones era.

Besides start lying to government officials and you could make alot more problems for yourself.

crg

That's great advice..... :roll:

I know of people who were out for 4 years and said 2 months that were ordered deported for fraud and now they can't even visit. Knowing people who got away with it, and encouraging people to commit a crime are two very different things. You may want to refrain from advising people to commit a felony.

ian-mstm

To be precise, he is a US permanent resident until an Immigration Judge says he isn't. It's not until "someone takes it away".


Even if an officer takes the physical card, he remains a PR... right up until an IJ says he isn't. The green card is only proof of his status - it isn't the actual status itself.

Ian

ian-mstm

You should know that the criminal law on conspiracy would make bamboo shoots under your fingernails seem like a pleasant manicure. Your response is bad advice, and borders on aiding and abetting.


True... but you can be immediately detained until that hearing. They are *not* obligated to let you run free in the US. Detainment isn't a pleasant experience.


And if he doesn't "sail through" are you going to step up and offer more sage wisdom?

Ian

XYZ123

I have to stand by my previous post. Don't waste your money on a lawyer just yet. Just fly in and flash your Green card. 99% probability you go through without any problems. If they do give you problems, THEN you will need a lawyer. But why waste your money before any problem arises.