How can I as an EB-5 green card holder enter the U.S. when I have been overseas for 4 years? - EB5Investors.com

How can I as an EB-5 green card holder enter the U.S. when I have been overseas for 4 years?

I got my green card in July 2011 and I have worked in the U.S. In 2014, I applied to get a special document in order to stay out of the U.S. for more than 6 months because my brother died in my home country Uzbekistan. The document had an expiration date of December 2016. I visited America the last time in December 2016 in order to apply for a green card for my wife and I paid and sent all forms of the U.S immigration for that and went back to my home country. In January, I got a message from USCIS that I overpaid for the document and from January 2017 the payment system has changed and they asked me to send all documents again and I did it .
I did not go to America because I was waiting for my wife’s green card. When I got the next message from USCIS it said that her documents are in process and it showed a case number. Since that period I have tried to check regularly to see and watch when her time will come for the getting a green card but there has not been any message or information. Then in 2019 one of my friends told me that there are 5 steps to get green card for the family member. I asked one of my American friends to fill in all documents as it showed in the U.S Immigration service web site. She became our sponsor and householder in the U.S. She even sent me to put my signature on it and I did all instructions.
Can I go to the U.S. even if I stayed in my home country more than 4 years? What should I do in my case ? I want my wife to get a green card and I do not want to leave her in my home country.

Answers

Rani Emandi

Rani Emandi

Immigration Attorneys
Answered on

This is based on how long you were permitted to stay out of the U.S. as per the reentry permit. As a permanent resident, if you did not reenter within 6 months, the officer at the port of entry may not let you enter and will state you gave up your green card. With the pandemic you may have an excuse further for one year from February 2020 till now due to the pandemic.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

Generally, when you are out for more than one year without a reentry permit, you will have to show extraordinary circumstances beyond your control to get a returning resident visa. It is nice you stayed with your wife, but it should not have stopped you from returning to refile a new reentry permit. You may get lucky if you can board a plane, and be ready to show you maintained a residence here, including that you filed U.S. tax returns etc.

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