3

BY THE WAY I have lot of proof of residency in the U.S even my colombian passport was processed in the colombian embassy in New York Lol, and also the stamps of previous admittance.

Edit - Wow thanks to everyone that has been so kind and have replied to my post I really appreciate your concern as well as time and effort, didnt expect this much help hehe, basically I was worried about the not let being out of the country I'm in, Thanks to everyone for the help and I meant it as I did not get a permit to come back to the u.s since my Green card was already expired before I left the u.s. it's just that I bent it by accident while being here, and I'm sorry about not being able to explain you better in a more detailed way since I was in a rush.

Thank you.

To make the story short, I've been in a country of which I'm a citizen of since Jan 2018, I had to come and take care of family matters, I really had no way of getting a permit to stay longer because it was an emergency, and ended up staying until now. I know I've stayed for too long, but this is not my first time and I´ve been admitted back to the U.S after staying a little longer than I should have.

This time though my green card is a little damaged but still in one piece, just bent at the middle, also it expired not too long ago, but my main concern is if I should be clear of getting through immigration from this country. If I talk to the immigration officer and explain to him the situation, I know when I get to the U.S they will definitely pull out my file and it will be confirmed that I'm valid, I'll deal with whatever I have to like before. I'm just desperate at this point, I really want to go to what I call home.

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    I’m not 100% sure I understand your question. Are you asking if you’ll have problems exiting the country you’re currently in because of your expired, damaged green card? Or whether you’ll be allowed to board a flight back to the US (assuming you need to)? Or whether you’ll have a problem when you try to enter the US? Or some/all of the above? – Traveller Aug 22 at 9:03
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    The quality of the question is really poor, I do understand that you are desperate but you should make your question more clear. People who read it won't understand hence they will not be able to help you. – stbr Aug 22 at 9:06
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    I don't know what is your real concern: overstayed, damaged greencard, expired greencard ? Also maybe you want to keep it for you but the country you've been to would be a relevant information. – stbr Aug 22 at 9:34
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    Whether departure control officers in your country of citizenship will allow you to leave with a damaged expired green card depends on which country it is. But it doesn't much matter; see my answer for details. – phoog Aug 22 at 10:46
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    @stbr "overstay" usually implies staying for too long in a place, but the "permit to stay" here is probably a reentry permit, which is a permit to stay away from the US for up to 2 years. – phoog Aug 22 at 11:08
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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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    Note that airlines are allowed by the US government to board passengers to the US with an expired 10-year green card. However, I am not sure if any airlines will do so. – user102008 Aug 23 at 0:02
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    @user102008 They have to, as TIMATIC doesn't instruct them otherwise. Thus, if denied boarding you'd be eligible for compensation, if applicable in the departure country – Crazydre Aug 24 at 9:59
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    @Johnnyboy91 That's not their job, so he was in the wrong. Like I said, 10-year green cards can be expired, and if the check-in staff (where you drop bags) doesn't know that, ask them to check TIMATIC – Crazydre Aug 24 at 10:12
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    @Johnnyboy91 It's the check-in staff's job to check your papers for the US, not that of Colombian immigration. In particular, Colombian immigration cannot possibly know all the complex rules of different countries, while check-in staff have a database for that – Crazydre Aug 24 at 10:21
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    @Johnnyboy91 What airline are you flying with? You could email the local handling agent at the Colombian airport and clear this up in advance so as to avoid potential delays – Crazydre Aug 24 at 10:27
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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.

  • Do I have to fill this form out from the u.s embassy here? or can i just go ahead and catch a flight next week with that bent worn out expired green card, it expired a year ago or so – Johnnyboy91 Aug 24 at 10:23
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    @Johnnyboy91 What form? No form is required. If your green card is whole, the information legible and your face visible, you're good to go – Crazydre Aug 24 at 10:24
  • hey man again thank you for all the help sorry to bother you but you are the light i was looking for lol do you mind if i post the documents and you can judge? Ill edit them obviously – Johnnyboy91 Aug 24 at 10:32
  • I deleted some comments, if you still need them ping me and I will undelete temporarily. – Willeke Aug 24 at 18:02

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