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Subject: Out of USA for more than 1 year Posted on: Wed, 4 Mar 2009 16:07:11 +0000 (UTC)

Hello!

Please help with my situation as described below.

I was on vacation in India since August, 2007. My Green Card got
approved sometime in October 2007.
Subsequently, my Green card got lost in the mail and my H4 visa also
expired in early 2008. So I was not able to come back to USA and had
to stay back in India. After months of communication with USCIS I got
my Green Card in hand a month ago. Meanwhile, my spouse also took up a
job in India. Now I want to go back to USA. What is the process going
to be since I have been out of the country for about 18 months
although I got my Green Card only 1 month ago? What are the papers the
immigration officer might ask for since I have stayed out of USA for
more than a year now and it has also been more than a year since my
Green Card approval even though I got it in hand only now.

Since I have never entered the US with my Green Card, will the records
still show an absence of more than 1 year and in this case, will it
matter. Is the 1-year rule valid only after the first swipe with the
Green Card? Do I need to apply for a Returning Resident status? If so,
what stand should I take?

Any suggestions/information/advice will be really appreciated.

Please reply soon.


Thanks!

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