Anyone that is a Lawful Permanent Resident (LPR) and is outside of the U.S. for 180 days or more within any 12 month period (not necessarily calendar year) creates a rebuttable presumption of abandonment of residency. That presumption can be rebutted by evidence to the contrary such as filing U.S. taxes, maintaining a home in the U.S. and paying that mortgage or rent, maintaining a U.S. drivers license, U.S. bank accounts with significant movement, etc.
Someone that has been outside of the U.S. for more than 1 year without first having an approved re-entry permit has abandoned their residency and only in very few exceptions (such as serious illness) can they get it back.
So if you have been outside for longer than 1 year and you do not have a Re-Entry Permit and you did not have an emergency reason beyond your control to be outside of the U.S., then you have abandoned your Residency and are in the same position as anyone else to get a new one, which means, not a good chance.
There are 5 ways to come to the U.S. to live permanently. They are through family, through employment, through asylum
, through investment, or through the lottery.
For family, it must be immediate family such as U.S. Citizen spouse or U.S. Citizen children over 21 in order to be able to come immediately. U.S. Citizen or Lawful Permanent Resident parents or U.S. Citizen siblings, or Lawful Permanent Resident spouses can also help you, but the wait for that is about 4 to 12 years or so.
Through employment, you would have to generally prove that you would not be taking away a job from a U.S. worker and the less experience and education you have, the harder that is to do.
Through asylum, you must prove that you will be persecuted, tortured or killed if you stay in your country and that this will happen to you because of your nationality, race, religion, political opinion, or membership in a particular social group, not because you would run the same risk as anyone else in your country to fall victim to a crime or bad economic conditions.
Through investment, you are looking at generally $1,000,000.00 for a residency, or $500,000.00 in an area designated as a high-employment area, plus in both cases the investment has to create 10 or more jobs for U.S. workers.
And through the lottery, it would be very difficult to win one of the 50,000 visas available per year and some countries do not qualify.
I am truly sorry, but I seriously doubt that with a 3 year stay outside of the U.S., you would be able to prove that it was an emergency and reasonable. I wish I had better news for you.
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