Have greencard, but been out of country 11 months

My partner has legal perm. residence, but has been out of the country for 11 months. He's going back this week, but worried that he will not be able to get back into the USA. While here, his passport expired and he got a new one. The new one only has an entry stamp into the country we are now residing in dated in June. Is it possible that the USG would not know that he has been abroad for eleven months? He is self employed here so his bank account has been relatively inactive. He has not filed taxes for 2006, but plans to. He does have a US bank account and an active credit card. What else can he do to ensure his LPR is maintained? We are terrified that he will be denied access. What should he say if they start questioning him? How often does this occur?

Since he is obviously in violation of the law by not filing taxes, at least, I could consult with an attorney IMMEDIATELY. Immigration law, as well as criminal law ( for tax evasion ) is intricate and very detailed. Surely you know that the government isn't interested in what people "intend to do" when it comes to something the rest of us have done lawfully--paid our taxes. We all found time to do so--if staying in the country legally was so important, perhaps the law should have been followed in OTHER areas so as not to arouse suspicion or notice? Just a guess.

I would seek both immigration and criminal legal help immediately.

Best bet is to have your friend contact a US Consulate Office near you as soon as possible, if you are writing from outside the US.http://www.uscis.gov/files/article/B5.pdf has general information and a toll free (US phone number) for questions, if you're enquiring from within the US. USCIS Home Page provides information and additional links for specific questions. The US Consulate will advise whether or not his passport must be updated (I'd hazard a guess this will need to be done) and should be able to answer your questions about re-entry into the United States. While that office won't be able to offer actual legal advice, they may also be able to direct your friend to acceptable legal representation when it comes to the tax filing questions/issues. Unless your friend thought to file for an automatic extension earlier this year, (and assuming he earned enough to require filing a tax return) coming back to the US may end up a bit more complicated than he realized. "Complicated" doesn't necessarily translate to "impossible;" I'd strongly urge either of you place the necessary phone calls, etc. to make certain all required procedures are followed before he attempts to step foot on US soil. (Just a suggestion.)

Good luck.

The reason I suggested that the posters friend contact an ATTORNEY is precisely because of what the reaction of the US Consulate will be if someone who is possibly wanted for tax evasion presents himself or herself to the Consulate for "assistance". Obviously, they can tell you if your passport is valid, etc, but I would NOT mention the part about failure to pay taxes--unless, of course, you want to be held and sent back to the United States compliments of the tax payers (i.e. arrested for tax evasion).

"Hi, I'm Mr. Non-Taxpayer. Is it ok for me to come back into the US? I mean, I INTEND to pay taxes. Can ya'll help me out? I'm worried SICK!!"

Good luck with that.

I suspect that the United States Consulate could really care less about the legal representation of one of it's alleged law breakers (i.e. tax evaders). While the Consulate is the obvious place for questions, I wouldn't even attempt it without asking an attorney what is going to happen if you go in there knowing there is a possibility you are wanted for tax evasion. What if the posters friend goes in there and they check his passport and it is linked to a national database of people wanted for various and sundry crimes? They will, undoubtedly, detain him. Why risk it?

I'd get out the phone book and LOOK for an attorney. Call one and ask for a referral until you find one you are satisfied with. I'd rather put the horse in FRONT of the cart. But, eh, that's just me.