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?
Upvote:3
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.
Upvote:10
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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