I have a green card that was issued for a 10-year period, however it expires in approximately two weeks. I have not entered the US in 6 years due to medical reasons. Will I be detained or deported? Will I be given the chance to hire an attorney and prove my medical hardship case? I do not want to attempt to enter the US unless I know for sure that I will be given a fair hearing of some kind. Any advice will be appreciated.

After spending so much time outside of the US, the immigration inspector will most likely presume that you abandoned your permanent resident status and, in such a case, offer you 2 options: (1) voluntarily relinquishing your green card at the airport and being allowed to enter as a visitor or (2) going before an immigration judge to present your case. Tell the officer that you want your case to be referred to a judge, and you’ll then have time to hire an attorney to prepare your case. Be sure to travel with all of your documentation to justify your long absence from the US.

Of course, there is always the possibility that the immigration officer could simply allow you to re-enter with your green card, but after 6 years of absence, I think that the chances of that happening are extremely limited.

If you’d like to further discuss your case with me, please contact my office directly to arrange for a consultation.

Edward Weiner
Attorney at Law

E-mail: E.Weiner@immigration-aux-usa.com
Internet Site: http://www.immigration-aux-usa.com/