Will I be able to pass through immigration and customs from foreign country to the U.S with damaged green card after an absence of more than one year?
BY THE WAY I have lot of proof of residency in the U.S even my colombian passport was processed in the colombian embassy in New York Lol, and also the stamps of previous admittance.
Edit - Wow thanks to everyone that has been so kind and have replied to my post I really appreciate your concern as well as time and effort, didnt expect this much help hehe, basically I was worried about the not let being out of the country I'm in, Thanks to everyone for the help and I meant it as I did not get a permit to come back to the u.s since my Green card was already expired before I left the u.s. it's just that I bent it by accident while being here, and I'm sorry about not being able to explain you better in a more detailed way since I was in a rush.
Thank you.
To make the story short, I've been in a country of which I'm a citizen of since Jan 2018, I had to come and take care of family matters, I really had no way of getting a permit to stay longer because it was an emergency, and ended up staying until now. I know I've stayed for too long, but this is not my first time and I´ve been admitted back to the U.S after staying a little longer than I should have.
This time though my green card is a little damaged but still in one piece, just bent at the middle, also it expired not too long ago, but my main concern is if I should be clear of getting through immigration from this country. If I talk to the immigration officer and explain to him the situation, I know when I get to the U.S they will definitely pull out my file and it will be confirmed that I'm valid, I'll deal with whatever I have to like before. I'm just desperate at this point, I really want to go to what I call home.
Best Answer
Departure controls in your country of citizenship are not the problem here. The green card is not legally sufficient to return to the US after more than 1 year of absence. Furthermore, an airline is unlikely to allow you to board a flight to the US with an expired green card. You should apply for a returning resident visa.
A permanent resident (called lawful permanent resident or LPR) or conditional resident (CR) who has remained outside the United States for longer than one year, or beyond the validity period of a Re-entry Permit, will require a new immigrant visa to enter the United States and resume permanent residence. A provision exists under U.S. visa law for the issuance of a returning resident special immigrant visa to an LPR who remained outside the United States due to circumstances beyond his/her control. This webpage is about Returning Resident Visas. If you are an LPR unable to return to the United States within the travel validity period of the green card (1 year) or the validity of the Re-entry Permit (2 years), you may be eligible and can apply at the nearest U.S. Embassy or Consulate for a Returning Resident (SB-1) immigrant visa.
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What happens if a green card holder stay out of the country more than 1 year?
The law states that if a Green Card holder remains outside of the United States for one year and one day during any one trip, they are considered to have abandoned their residency and lose their Green Card and permanent resident status.Can I travel with a damaged green card?
Be advised that re-entry to the United States is left up to the discretion of border patrol. They can deny re-entry based on several factors such as a damaged or expired visa. As a permanent resident, it is your duty to ensure that your visa is clean, valid, and free from any damage.Can I come back to the US with an expired green card?
To re-enter the United States, the Customs & Border Protection (CBP) officer will require valid proof of your lawful permanent resident status. An expired green card is not considered valid proof of permanent resident status, and you should expect a major delay.Can I get back into the US without my green card?
Lawful Permanent Residents (LPR) of the U.S. must present a Permanent Resident Card ("Green Card", Form I-551), a Reentry Permit (if gone for more than 1 year), or a Returning Resident Visa (if gone for 2 years or more) to reenter the United States.How to Prove You Did Not Abandon Your Green Card: Green Card Overseas Over One Year Episode 1
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Answer 2
Per TIMATIC, the database used by airlines:
Additional Information: An expired Permanent Resident/Resident Alien Card (Form I-551) is accepted with:
a 10-years validity at time of issuance; or
a Transportation Letter issued by the USA; or
a civilian or military travel order issued by the USA or if the passenger is included as dependent spouse or child on the civilian or military travel order.
That said, you've been out of the US for too long and so, worst case, could be brought before an immigration judge to establish whether you've reliquinshed permanent residency. However, if you have lots of evidence of your ties to the US, and also of the situation that forced you to stay abroad for so long, you should be OK.
Sources: Stack Exchange - This article follows the attribution requirements of Stack Exchange and is licensed under CC BY-SA 3.0.