QUESTION

Do I need an Electronic System for Travel Authorization (ESTA) if I have been out of the US for 3 years?

Asked on May 12th, 2014 on Immigration - Texas
More details to this question:
I am a US green card holder which expires on 2018. I am an Australian citizen. I am outside the US due to medical condition and husband’s medical condition. I wish to travel to the US again.
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2 ANSWERS

Immigration Law Attorney serving Long Beach, CA at Law Offices of Brian D. Lerner
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Hello: If you have been gone more than 1 year, you cannot come back on your Green Card. To request the abandonment of residence When a legal permanent resident has been outside the U.S. for over a year, you can no longer enter their Legal Permanent Resident Card. In this case, it is necessary that the application for abandonment of residence is not present. We should develop a legal report and statements, affidavits, medical reports, and all other supporting documents to show why residents do not return to the U.S. assigned in the year. Supporting documents more we have to justify the criticism that the resident did not return to the U.S., the chances of success. Once the application is prepared and presented, it usually takes one to three months to get a decision.
Answered on May 16th, 2014 at 3:06 PM

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ESTA is not required to travel. However, you may have difficulty reentering the US because DHS may allege that you abandoned your residency status by remaining outside of the US for 3 years. You will need to explain at the port of entry that the prolonged absence was due to circumstances beyond your control.
Answered on May 15th, 2014 at 7:24 PM

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