Coming back a few weeks late (more than one year)

[donny444 0]

My wife and step daughter have been out of the USA for one year on the date this is being posted. How much trouble will they have if they try and come back a couple of weeks late? The had to stay a bit longer because of medical issues in the family. Is the decision up to the individual immigration officer? What can they do upon arrival to help? What can I do? Thanks.

[payxibka 10,045]

My wife and step daughter have been out of the USA for one year on the date this is being posted. How much trouble will they have if they try and come back a couple of weeks late? The had to stay a bit longer because of medical issues in the family. Is the decision up to the individual immigration officer? What can they do upon arrival to help? What can I do? Thanks.

Honestly, I think you need to contact the Kiev consulate about a returning resident visa.... I'd like to think the re-entry permit requirement after 1 year was flexible, but I have my doubts.... I'd hate for them to get to a US POE and be turned around.

[Brother Hesekiel 2,236]

Agreed.

While nothing is unimpossible, your are speeding once you drive even one mile over the speed limit, and you failed to pay your fine if your payment was even one dollar short. You almost stopped at the STOP sign, yet rolled through oh so slowly, and get a ticket.

You are only 5 minutes late to your interview, and miss the chance of a lifetime. You pull the parachute only a few seconds late, and hit the ground hard. You stay out of the country only one day longer than a year, and it's very possible that you will have to explain to CBP how you could afford a 1-year plus vacation from the US and will furthermore have to document thoroughly that you maintained your US residence all this time.

The deeper we dive into the new Millennium with recession, anti-illegal immigrant sentiment, and Green Card abuse, the more will CBP try to weed out Green Card tourism. CBP is the meanest child of a bad mother known as DHS.

The wife might be getting in after being grilled in secondary inspection, but it's as possible that they will consider her residency abandoned. The best line of action would indeed be an SB-1. Also keep in mind that even in the best case scenario, her residency clock jumps back to zero at midnight tonight, so she'll start over with day one the day she arrives, if they let her in, that is.

[Gary and Alla 3,694]

Honestly, I think you need to contact the Kiev consulate about a returning resident visa.... I'd like to think the re-entry permit requirement after 1 year was flexible, but I have my doubts.... I'd hate for them to get to a US POE and be turned around.

I wouldn't even attempt it without a returning resident visa. Check the Kiev website for details, it is all there. Seems like a fairly straight forward process, but she must demonstrate that she had no intent to abandon her residency and that she has maintained a residence in the US throughout her absence and that it was not her intent to be out of the country for more than one year. If she can do this, they can get the re-entry visa. If not, you can at any time file a new CR-1/CR-2

[donny444 0]

Hi folks. Thanks for all the replies. I'm confused by the CR-1/CR-2. I was under the impression if I had to file for new visas they would be K3/K4 visas. Can any explain the differences? Thank you.

[Gary and Alla 3,694]

Hi folks. Thanks for all the replies. I'm confused by the CR-1/CR-2. I was under the impression if I had to file for new visas they would be K3/K4 visas. Can any explain the differences? Thank you.

IF the permanent residency is determined to be abandoned then you would file for a CR-1. Depending on the age of the child, they could be eligible for a CR-2 (must be under age 21 and you must have married the mother before they were 18).

The most recent information from DOS is that they will no longer be processing K3 visas. They have been eliminated in favor of the CR-1. CR-1 and CR-2 are immigrant visas and the green card is apporved before the visa is issued. A CR-1 holder arrives, basically, with a green card in hand and there is no "Adjustment of Status" required. If you have been married more than two years when the visa is isuued it is called an IR-1 and includes a 10 year green card. The CR-1 includes a 2 year green card.

There is, however, a visa she can obtain to re-enter the US after one year. As Just Bob mentions above, her previous time living in the US will be "deducted" as it applies to eligibility for citizenship. If you are gone for more than 1 year, the "three year clock" resets to zero.

[donny444 0]

Thanks to all that offered advice. The problem was easily resolved with intervention by my Congressman. Even without that intervention I was informed LPRs in such a situation would be allowed entry and one of two things would follow: a) Nothing or b) A hearing would be held at a later date to determine if the overstay was valid. What would NOT happen is an outright denial of entry as long as the time was not excessive and even then it would be up to the officer's discretion. No one could tell me what was "excessive" however.