Gc holder overstayed in philippines and is there for 13 months

[facechelle 0]

My mom has been in the philippines since sept 2013. She is now planning to go back here. In july 2014 she got hispitalized and advised by her doctor not to travel yet and wait until she is fully recovered. Hence the reason she wasnot able to go back immediately.

My question is, should i buy her ticket already and have her come back already? Or do we have to consult attorneys? I know she will be questioned by immigration officers but will she be able to enter US? Or will she be sent back to philippines?

Thank you!

[carton025 38]

Was it her 2-yr GC or 10-yr GC? If 2-yr GC she should probably contact the US embassy first before making the trip back to the US and run the risk of having her GC confiscated and denied entry into the US. Best of luck!

[Hypnos 6,576]

If she has been outside the US for a year then there is a presumption in law that she has abandoned her residency. She would likely be issued with a Notice To Appear in immigration court by CBP if she attempted entry, where CBP would ask the judge to revoke her green card (if she refused to do so voluntarily).

If she has extremely strong proof that it was her original intention to return to the US in a timely manner and that factors beyond her control prevented her from doing so then an SB-1 returning resident visa is a possibility.

Edited September 23, 2014 by Hypnos

[NancyNguyen 1,657]

SB-1 with all medical proofs