Legal Question in Immigration Law in New Jersey

I arrived from USA to Pakistan on Jun 16th, 2009 after giving my US Citizenship interview. Before i entered the USA, I was informed at port of entry (JFK) and at the interview that I had to come back in the country within 6 months or my GC will be revoked/confiscated.

I completely forget the timeline and and over the date limit by 2 weeks. Two questions:

1) What happens if i go back and the GC is confiscated? Can tell them that i forgot or

2) I need that SB1 visa form to come back? Will they accept this visa even if i missed the date?


Asked on 12/24/09, 7:09 am

1 Answer from Attorneys
Anthony Siliato Meyner and Landis LLP

The GC allows entry within one year of your last entry into the U.S. so long as CBP does not make a determination that you have abondoned your U.S. permanent residence. Even if CBP were to make such a determination, you would be entitled to a hearing before an Immigration judge in proceedings.

If you plan on spending a great deal of time outside the U.S. while you are a U.S. permanent resident, I would recommend that you apply for a Re-entry permit while in the U.S. We can assist you in this process.

The information contained herein is intended only for educational or informational purposes and is not a substitute for legal advice.

Responding to this inquiry in no way establishes an attorney client relationship; however, I look forward to exploring these issues with you further by way of telephone or in-person consultation.

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Answered on 12/29/09, 7:54 am


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