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  • GC Problems

    Hello All:

    I hold a valid (not expired) green card. Left the US to visit home. Didn't know that I can't stay
    away from the US more than a year. I did. Was told to apply for a returning resident visa.
    Completed the form DS117. Was told that I would be interviewed first to determine if I am
    "qualfied". Had 2 interviews with the visa section staff in the US Embassy. Was verbally told
    that I don't qualify since I was away more than 1 year and the reason for staying away is not
    good enough. A good reason is if I had a heart attack or something similar whereby it is
    beyond my control. Ignorance is not a good reason!

    1) Does this mean that I am no longer a PR?

    2) What happens to me if I were to buy a ticket today and fly back to the US? I dare not do so
    yet because I was afraid that the immigration officer will take away my green card, put in jail
    and deport me. Will this happen?

    3) If item 2 happens, then I will never be able to apply for my green card again. right?

    4) can I still apply for a visitor visa or will my application be denied?

    5) I want to go back to the US now but dare not.

    Anyone out there can help me???

    Thanks.

  • #2
    Hello All:

    I hold a valid (not expired) green card. Left the US to visit home. Didn't know that I can't stay
    away from the US more than a year. I did. Was told to apply for a returning resident visa.
    Completed the form DS117. Was told that I would be interviewed first to determine if I am
    "qualfied". Had 2 interviews with the visa section staff in the US Embassy. Was verbally told
    that I don't qualify since I was away more than 1 year and the reason for staying away is not
    good enough. A good reason is if I had a heart attack or something similar whereby it is
    beyond my control. Ignorance is not a good reason!

    1) Does this mean that I am no longer a PR?

    2) What happens to me if I were to buy a ticket today and fly back to the US? I dare not do so
    yet because I was afraid that the immigration officer will take away my green card, put in jail
    and deport me. Will this happen?

    3) If item 2 happens, then I will never be able to apply for my green card again. right?

    4) can I still apply for a visitor visa or will my application be denied?

    5) I want to go back to the US now but dare not.

    Anyone out there can help me???

    Thanks.

    Comment


    • #3
      In essence, you abandoned your residency by staying outside the country for over a year without permission. It is doubtful that you would be granted a tourist visa as you are trying to return home not visit.

      Comment

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