denied re entry visa but GC was returned

[minions2 24]

so i have this friend back home who applied for a re entry visa after being out of the usa for more than a year. he was denied but his GC was returned to him. he was told by the consul that she is giving him a chance by bringing more documents. he was not given another schedule in the embassy but was told he can take the risk of coming back here and explain himself to an immigration judge..

my question is does he get deported once he is in the POE or be jailed until he faces an IJ?

anybody who got similar situation?

[Hypnos 6,576]

It's theoretically possible he could be held in custody until he is able to see an IJ, but more likely he would be released on his own recognizance until his hearing.

[Sagot 1,548]

There are some basic rules for being outside the USA for a green card holder. May avoid staying outside the USA over 6 months, with the one year time frame being the critical "moment in time". Did your friend complete the I-131 BEFORE exiting the USA? What additional documents did the embassy ask for?

Required Documentation

When applying for a Returning Resident (SB-1) immigrant visa, you should submit the following forms and documents to the U.S. Embassy or Consulate where you will apply:

• A completed Application to Determine Returning Resident Status, Form DS-117
• Your Permanent Resident Card, Form I-551
• Your Re-entry Permit, if available

You must also submit supporting documents that show the following:

• Dates of travel outside of the United States (Examples: airline tickets, passport stamps, etc.)
• Proof of your ties to the United States and your intention to return (Examples: tax returns, and evidence of economic, family, and social ties to the United States)
• Proof that your protracted stay outside of the United States was for reasons beyond your control (Examples: medical incapacitation, employment with a U.S. company, etc.)

https://www.uscis.gov/green-card/after-green-card-granted/international-travel-permanent-resident

https://travel.state.gov/content/visas/en/immigrate/returning-residents.html