Can a resident return after a year outside the United States?

[Adelarossa02 26]

He obtained his resident visa 1 year ago he has just expired!  He has no green card to show and wants to return to the United States!  Is that possible?

[Just Paul 4,595]

7 minutes ago, Adelarossa02 said:

He obtained his resident visa 1 year ago he has just expired!  He has no green card to show and wants to return to the United States!  Is that possible?

Not very probable, not without a I-131 filed before.

Edited July 28, 2019 by Paul & Mary

[Adelarossa02 26]

3 minutes ago, Paul & Mary said:

Not very probable, not without a I-131 filed before.

Entered with a F41 Sister of a USC .

[SusieQQQ 11,586]

Can you be more clear, you say he got a resident visa a year ago and it just expired? Immigrant visas have a 6-month validity. Do you mean he entered on an immigrant visa and never got a plastic green card, and has now spent a year outside the US?

[Adelarossa02 26]

2 minutes ago, SusieQQQ said:

 

exactly!

Edited July 28, 2019 by Adelarossa02

[Just Paul 4,595]

When was the entry to the US?

[Adelarossa02 26]

Just now, Paul & Mary said:

When was the entry to the US?

July 28, 2018

[SusieQQQ 11,586]

7 minutes ago, Adelarossa02 said:

exactly!

Why did he never get a green card?

anyway If he spent longer than a year out of the US he is deemed to have abandoned his green card.  With no plastic green card and his temporary visa having expired he is kind of out of options. If there were circumstances beyond his control preventing his return he can try for SB1, but it’s a difficult visa to get.

Edited July 28, 2019 by SusieQQQ

[Adelarossa02 26]

1 minute ago, SusieQQQ said:

Why did he never get a green card?

anyway If he spent longer than a year out of the US he is deemed to have abandoned his green card. 

She left 16 days after entering the US.

[Just Paul 4,595]

2 minutes ago, Adelarossa02 said:

July 28, 2018

well if there was the option of coming back with the I-551 stamp it just expired.

[Adelarossa02 26]

2 minutes ago, Paul & Mary said:

well if there was the option of coming back with the I-551 stamp it just expired.

yes, the seal of the approbation has just expired

[SusieQQQ 11,586]

2 minutes ago, Adelarossa02 said:

She left 16 days after entering the US.

If she had a plastic green card she could still come back in. Why did she never get one? Did she not pay the fee? 

[Adelarossa02 26]

2 minutes ago, SusieQQQ said:

If she had a plastic green card she could still come back in. Why did she never get one? Did she not pay the fee? 

Apparently it was lost in the mail.  She paid for her green card, but she left and never had it in her hands.

[Just Paul 4,595]

If it was for reasons beyond her control she can try to file a SB-1 overseas or file a new I-130.

[Adelarossa02 26]

2 minutes ago, Paul & Mary said:

If it was for reasons beyond her control she can try to file a SB-1 overseas or file a new I-130.

He does not have much to prove he returned to his home country and now he wants to return to the US because he lost a job that was there!