My I-829 is still pending and have been outside of the United States for more than one year. The RFE has just been filed. How can I re-enter the States with the new 10-year green card if the I-829 is approved but I have been away for longer than a year?
If you have been out for more than one year, you must show that there were circumstances beyond your control that made it impossible to return. You can contact the consulate in your home country and file an I-131A; however, they may require an SB-1 returning resident visa application which is often restrictively adjudicated.
You may need a transportation letter from the U.S. consulate.
If you are gone for more than one year without getting a re-entry permit, your green card might be deemed to be automatically cancelled. If you have a good excuse why you were gone so long (e.g., COVID), you can ask the U.S. Embassy or Consulate near you to issue you a Returning Resident’s Visa. Have you asked your own lawyer about this?
You should speak to an attorney who can advise you based on the specifics of your case. Staying out of the U.S. for more than a year while in C/PR status risks abandonment of such status.
If you have been absent from the United States for more than one year, you may need to apply for an SB-1, Returning Resident immigrant visa. You should contact the U.S. embassy or consulate in your home country to inquire if they are accepting such applications. Many offices have not resumed routine visa services, including SB-1 applications, so you might to wait until local COVID conditions improve and the embassy/consulate resumes these services.
