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Tink88

Green card holder returned to home country

By Tink88 in General Immigration-Related Discussion

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Tink88 Apprentice

Tink88   0

Posted
Filed: IR-1/CR-1 Visa Country: Yemen
 Timeline
Posted

Hello folks, I wanted some help/input from those of you that may have some expertise or knowledge about this topic. I made friends with someone whose husband recently got their spousal visa approved and will be heading this way from Yemen. He will be traveling in the coming weeks and plans on bringing her mother to accompany. Here's where the difficulty is: Her mother has a 10-year green card, but returned to Yemen a year after her green card was issued in 2011 and hasn't been back to the USA since 2012. Will her mother be able to be granted re-entry? I've been searching the web and haven't been able to find a clear answer besides extensive questioning. The mother never filed any paperwork prior to departure. Any help or input would be greatly appreciated! Thank you all in advance. 

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geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted

Very, very unlikely. A permanent resident must maintain their permanent residence within the US. A year or longer outside the country is presumed to break that. It would be extremely unlikely to be re-admitted.

She could be paroled in, but with having to see an immigration judge to make a formal ruling if she abandoned residency, then likely removed (deported). Not a good experience.

Most likely - if they even board her on the plane - the CBP officer will request that she submit an I-407 to formally relinquish the green card. If she doesn't do so, then that's where being paroled and seeing an immigration judge comes into play.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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debbiedoo Experienced

debbiedoo   2,339

Posted
Filed: AOS (apr) Country: Canada
 Timeline
Posted

it is highly unlikely.

i 485, 130, EAD and AP

04/09/2019    NOA1 received/check cashed i 485 and 130 (direct adjustment)

11/7/2019      Interview- Norfolk

11/10/2019    APPROVED (notification rec'd 11/10, approval dated 11/8)

DONE FOR TWO YEARS!!! ;)

 

Filed everything ourselves with no RFE's or delays.

 

CR1 for Child under 21 (20 at time of filing)- Filed by LPR Spouse for his son

4/4/20     Mailed packet

4/12/20   NOA1 rec'd

10/14/21 (havent heard anything... when do i start to get worried?)

9/15/22 APPROVED! Now to wait for NVC and interview....

 

ROC

10/14/21 Mailed to AZ PO Box. Let the waiting begin. Again.

10/16/21 Received at PO Box

10/19/21 Received Text NOA1

10/23/21 Received Mailed NOA1

 

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TBoneTX Grand Master

TBoneTX   45,288

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

Thread is moved from the Effects of Major Changes forum to the General Immigration Discussion forum.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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igoyougoduke Experienced

igoyougoduke   1,656

Posted
Filed: Lift. Cond. (apr) Timeline
Posted
On 12/18/2019 at 12:36 AM, Tink88 said:

Hello folks, I wanted some help/input from those of you that may have some expertise or knowledge about this topic. I made friends with someone whose husband recently got their spousal visa approved and will be heading this way from Yemen. He will be traveling in the coming weeks and plans on bringing her mother to accompany. Here's where the difficulty is: Her mother has a 10-year green card, but returned to Yemen a year after her green card was issued in 2011 and hasn't been back to the USA since 2012. Will her mother be able to be granted re-entry? I've been searching the web and haven't been able to find a clear answer besides extensive questioning. The mother never filed any paperwork prior to departure. Any help or input would be greatly appreciated! Thank you all in advance. 

100% No

duh

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Tink88 Apprentice

Tink88   0

Posted
Filed: IR-1/CR-1 Visa Country: Yemen
 Timeline
  • Author
Posted
On 12/18/2019 at 12:36 AM, Tink88 said:

Hello folks, I wanted some help/input from those of you that may have some expertise or knowledge about this topic. I made friends with someone whose husband recently got their spousal visa approved and will be heading this way from Yemen. He will be traveling in the coming weeks and plans on bringing her mother to accompany. Here's where the difficulty is: Her mother has a 10-year green card, but returned to Yemen a year after her green card was issued in 2011 and hasn't been back to the USA since 2012. Will her mother be able to be granted re-entry? I've been searching the web and haven't been able to find a clear answer besides extensive questioning. The mother never filed any paperwork prior to departure. Any help or input would be greatly appreciated! Thank you all in advance. 

Hi everyone, appreciate all the replies to this original post. Just a little update: The mother arrived a few days ago, and granted entry. There was a moment where she was pulled aside and questioned, but other than that no other issues. Her green card does expire next year, I'm going to guess it won't be approved for renewal. We will see when the time comes. 

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azblk Rising Star

azblk   338

Posted
Filed: AOS (apr) Country: Uganda
 Timeline
Posted
3 hours ago, Tink88 said:

Hi everyone, appreciate all the replies to this original post. Just a little update: The mother arrived a few days ago, and granted entry. There was a moment where she was pulled aside and questioned, but other than that no other issues. Her green card does expire next year, I'm going to guess it won't be approved for renewal. We will see when the time comes. 

Good for her. She shouldnt have a problem renewing

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