Parents stayed outside USA 2+ years, what happens at re-entry? (split and merge)

[ambasel 0]

If you overstayed abroad for more than 2 years, my parents stayed out for 26 months without a recently permit,  can you be returned as inadmissible at the port of entry or denied boarding a us bound flight or will a judge have to see you in the USA before your permit could be revoked?

Edited May 29, 2019 by Penguin_ie

[ambasel 0]

If you overstayed abroad for more than 2 years, my parents stayed out for 26 months without a reentry permit,  can you be returned as inadmissible at the port of entry or denied boarding a us bound flight or will a judge have to see you in the USA before your permit could be revoked?

[Roel 7,192]

Yeah 1 year might be somewhat forgiven. 2 years means they abandoned their status. I dont think they would even be allowed on a plane. 

[Roel 7,192]

So what was their excuse for being away so long? 

 

Imo at this point you need to petion your parents again, from the start. 

[Becci391 339]

Looks like that you have to set up a new petition for your parents again.

[Penguin_ie 5,994]

****** one post split from another member's thread and one thread in the wrong forum merged here.  PLease do not post questions about your own case in another member's thread and do not post more than once on an issue. *******

[Dashinka 24,516]

It seems there are a couple of choices.  Assuming they have 10 year GCs and are still valid, I don't think there will be any issues at boarding (I don't think the airline has access to records of how long an LPR has been outside the US), but there could be issues at CBP, however, CBP cannot revoke LPR status, only an Immigration Judge can do that, so the options are attempting to travel to the US (assuming the GCs are valid) and if CBP gives them an issue, risk detention awaiting a court hearing which will most likely require the advice of an experienced lawyer, or have them abandon the GCs voluntarily (I407 I think) at the local consulate and refile again. 

 

Good Luck!

[WeGuyGal 1,052]

1 hour ago, Bill & Katya said:

It seems there are a couple of choices.  Assuming they have 10 year GCs and are still valid, I don't think there will be any issues at boarding (I don't think the airline has access to records of how long an LPR has been outside the US), but there could be issues at CBP, however, CBP cannot revoke LPR status, only an Immigration Judge can do that, so the options are attempting to travel to the US (assuming the GCs are valid) and if CBP gives them an issue, risk detention awaiting a court hearing which will most likely require the advice of an experienced lawyer, or have them abandon the GCs voluntarily (I407 I think) at the local consulate and refile again. 

 

Good Luck!

A few foreign Exit immigrations are paying closer attention to time outside the US on a green card. I've seen a handful of posts on various forums. Perhaps part of collaboration with the US? There is a remote chance someone out for 26 months may not be allowed to board without additional scrutiny. 

[Dashinka 24,516]

Another option, SB-1 Visa if the circumstances that kept them from returning were beyond their control.

 

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

Edited May 29, 2019 by Bill & Katya

[payxibka 10,045]

6 hours ago, Roel said:

Yeah 1 year might be somewhat forgiven. 2 years means they abandoned their status. I dont think they would even be allowed on a plane. 

I think you are giving too much credit to airline employees to do that.   They will see a valid green card and print the boarding pass