# Best way to go back.



## Janetg2106 (Oct 10, 2020)

Hi, my husband is a US citizen and so are my two boys. I have a valid green card but had to come back to the uk for family reasons and been back her now 3 years. We want to go back. What is my best option? Risking my entry with my green card or a abandoning and starting the process again.


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## Bevdeforges (Nov 16, 2007)

Take a look at this webpage from Nolo (a very reputable legal reference company) and scroll down to the heading *If you've been outside the US for a year or more.*






Reentry Issues for Green Card Holders Stuck Outside the U.S. for Medical Reasons


Lengthy absences from the U.S. for green card holders has been an inevitable result of the coronavirus outbreak. Learn how to reclaim your U.S. residence and avoid i




www.nolo.com





They suggest a couple of possibilities how to approach this situation.


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## Crawford (Jan 23, 2011)

Try the Returning Resident visa first. This can work if you have kept up say, accommodation, bank accounts, contacts within the US. However, 3 years is a long time so would not hold your breath in it's success.

Personally, would not try the 'argue at the border' option.

You say your children are US citizens, but presume are also UK citizens?

Moving back to the US at this stage will mean hubby will lost his spouse visa status in the UK, and, if you want to return to UK again, you'll have to start the immigration process again.


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## Janetg2106 (Oct 10, 2020)

Crawford said:


> Try the Returning Resident visa first. This can work if you have kept up say, accommodation, bank accounts, contacts within the US. However, 3 years is a long time so would not hold your breath in it's success.
> 
> Personally, would not try the 'argue at the border' option.
> 
> ...


My husband and children have dual citizenship so if we did want to return we wouldn’t have a problem. Also thought the returning resident visa is something I would have applied for before we left the US? Also would they really turn me away and let my husband and children in? I just want the least stress.


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## Crawford (Jan 23, 2011)

You apply for a Returning Resident permit prior to your intended travel back to the US (You apply for a re-entry permit before leaving the US when you know you will have an extended leave)






Returning Resident Visas







travel.state.gov





Plenty of info in the website above regarding what you have to show in terms of documentation and your eligibility to apply for such permit.

Yes, the border official can a) refuse you entry b) admit you but have you relinquish certain rights and you appear before an immigration judge to contest your case.


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## Janetg2106 (Oct 10, 2020)

Crawford said:


> You apply for a Returning Resident permit prior to your intended travel back to the US (You apply for a re-entry permit before leaving the US when you know you will have an extended leave)
> 
> 
> 
> ...


Thanks for your help. I will have a good read and hopefully apply.


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## Crawford (Jan 23, 2011)

You asked about what 'could' happen at the point of entry to the US and the following has some examples:






My Green Card Was Taken Away at the Airport by Immigration Officer | Elkhalil Law, P.C.







elkhalillaw.com


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