I am a greencard holder and applied for reentry permit because I need to go overseas for medical reason. I left before the biometric appointment because my condition could not wait. By missing the biometric appointment I know my reentry permit application was probably denied. My question is: would i be able to come back to US again using my greencard, if I've been out of the country for less than a year? and, does a denied/abandoned reentry permit application post a red flag in my record?
I think that the denied re-entry permit, by itself, won't be a significant reg flag for you. Regarding your re-entry to the USA after a trip lasting less than 1 year, the answer depends partly on your overall history of travel. Have you had other long trips outside the USA? US immigration officials at airports and other ports of entry take a look at the length of an individual trip, but they also look at overall histories of travel. Just as an example, a person who takes trips lasting 3 months each, but who has spent 40 of the past 48 months outside the USA, could be charged with having abandoned permanent resident status.
I would strongly suggest that you obtain medical records regarding your condition and have copies of them ready to present to US immigration officials upon your return to the USA, and be ready to explain the reason that you were outside the USA. That might help you to avoid a charge of abandonment.
I also suggest that you consult with an immigration attorney about your case.
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Generally speaking, if you are out of the US for less than a year, you will not be considered to have abandoned your residency. But this is a general rule and the facts of your particular case may make for a different conclusion. Do you continue to maintain a household and pay taxes here in the US? Are you spending more time outside of the US than in? What is the temporariness of your visit? In other words, your concerns would be best answered by consulting with an experienced immigration attorney.
The information provided is given for general purposes only. It is not meant to provide any specific guidance or give any legal advice. It is recommended that you bring your specific situation to a licensed attorney for a more complete and thorough evaluation.
If you have been outside the US for less than a year and do not have frequent long trips abroad, then you should be allowed back in to the US.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.