How can you re enter US without a re entry permit after being abroad for over one year?

Answer 1

One option is to apply for a returning resident visa at the local embassy. However it is hard to get approved for one as US law is designed to prevent foreigners from entering, even though they have a green card. I remember reading, that legal residents share the same rights as US citizens except for the right to vote. This is however a truth with modifications. It probably wasn't possible to change the current laws governing Green Cards, so instead someone invented other laws to make life misery for foreigners.

To get approved for a returning resident visa one has to include evidence to support the following:

1. At the time of departure from the U.S., you were a lawful permanent resident.

2. You left the U.S. with the goal of returning and have maintained this intention.

3. You are returning to the U.S. from a brief visit out of the country and your stay abroad was extended due to circumstances beyond your control.

4. You are eligible for the immigrant visa in all other aspects.

As you can probably figure out requirement no. 2 and 3 are so vague, they can be interpreted entirely subjective. How does one prove it and what are valid reasons? It's entirely up to the person making the decision on whether to issue a returning resident visa or not. The decision can go either way, even though you got your green card fair and square, when you first arrived. Whether this practice or the law will change under the Obama administration I can't say.

To me the really interesting question is how to get into USA after more than 1 year abroad with your green card and passport but without your re-entry permit? One option is to stand before an Immigration judge after arriving. This option holds a number of uncertainties. Again it's a subjective decision entirely up to the judge. Judges decisions vary a lot in USA. Some are much more liberal than others. The best way would be to find a way of entering USA without having to stand before a judge.

Any ideas?