GREEN CARD HOLDER 7 YEARS OUTSIDE U.S.

[VisaParaUnSueno 9]

Good Afternoon Fellow VJ's, 

 

My Brother In Law received his Green Card on 09/25/12. He was only able to live in the U.S. for less than a month due to a family emergency and left the country on 10/14/12. He's been overseas this long because had to take care of his ill sister and due the situation his elderly parents too. His sister passed away; may she R.I.P. His Green Card will expire on 10/03/22. He's now able to come back and live here like he originally planned. What are are the possibilities of him being able to re-enter the country due to his Green Card not being expired? Is there any application or process that would allow him to re-enter the country without any problems? Any information and guidance is greatly appreciated. Please advise as I also was not sure if my question applies to this forum. 

 

Thank you, 

NH

[Liam2021 587]

He can try contact Embassy for SB1 visa, but it not 100%.

Edited January 24, 2020 by H&T

[Crazy Cat 42,033]

It might be a challenge to convince a judge that he maintained residency.......did he work while outside the US?  If so, did he file taxes in the US? Did he take any actions to maintain his residency?

Edited January 24, 2020 by missileman

[ineedadisplayname 502]

That is a good question.

He might lost his LPR status by now since he was out of the country for so long.

 

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

[Going through 5,671]

SB1 visa seems most appropriate to try for here.  He'll have to be able to prove that his time abroad was due to circumstances beyond his control preventing  him from returning to the US at any point over the last 8 years.  Success also hinges on how much he maintained US ties while away for that length of time.

Edited January 24, 2020 by Going through

[Just Paul 4,595]

He can try to enter on the expired green card.   There was a lady recently on here who was able to get in without and issue.   That should have been a rare case.   If there is an issue with CBP he can ask to go before an immigration judge and then he would be paroled into the country.  Don't surrender the green card at the POE.

 

The other options is to apply for the SB-1 which can be hard to obtain.

[Boiler 45,906]

The only process that would allow him to enter without problems would be to apply again on whatever basis he first obtained his GC.

 

If he wants to give it a go then he should take with him all his evidence showing how he has maintained residency, filed taxes etc.

[Going through 5,671]

I can see CBP admitting him with some ease if he'd been abroad a year or so.....but 8 years after the fact, I'm sure it'll raise eyebrows once the officer asks "how long have you been out of the US?" and he responds "8 years" as it'll be naturally presumed he's set up residency elsewhere over that time....especially if he's going up to CBP empty-handed.

 

@VisaParaUnSueno you haven't mentioned yet what ties your brother-in-law kept to the US, as this will be important if trying his luck at the border---and important if trying with a SB-1 visa.  Did he file US taxes, did any immediate family (ie. spouse and children) remain in the US?  Does he have any proof of his parents/sister's medical conditions that prevented him from returning to the US?  (ie. hospital/medical records/doctor statement)

 

 

[carmel34 3,650]

16 hours ago, VisaParaUnSueno said:

Is there any application or process that would allow him to re-enter the country without any problems?

With only one month in the US as an LPR and then 8 months abroad, he will need a new immigrant visa to enter the US without any problems, such as an immediate family category, a qualified petitioner, or a work based category, with an employer to sponsor him and petition for him.  Do more research on the options and see which one makes most sense for him.  Does he have a USC spouse?

[Boiler 45,906]

Well the OP has been back but no more information.

[Karim2018 100]

19 hours ago, Paul & Mary said:

 Don't surrender the green card at the POE.

How would you not surrender your GC at POE! That's the first they ask you for! You can't just show it to the officer through the glass. They'll most likely confiscate it, I think.

[Quarknase 1,072]

The expiration date on the Greencard is the expiration date of the document, not of permanent residency status. 
With that said, based on the data you provided your brother has abandoned his LPR status (or furthermore never established it to begin with) and no basis to come back unless he applies for a new entry visa.

[Boiler 45,906]

1 minute ago, Karim2018 said:

How would you not surrender your GC at POE! That's the first they ask you for! You can't just show it to the officer through the glass. They'll most likely confiscate it, I think.

You show it absolutely, surrender is something totally different.

[Just Paul 4,595]

4 minutes ago, Karim2018 said:

How would you not surrender your GC at POE! That's the first they ask you for! You can't just show it to the officer through the glass. They'll most likely confiscate it, I think.

Don't sign an I-407 if they ask you to.   That indicates you have voluntarily surrendered it.  Ask for a hearing. 

Edited January 25, 2020 by Paul & Mary

[Crazy Cat 42,033]

1 minute ago, Karim2018 said:

How would you not surrender your GC at POE! That's the first they ask you for! You can't just show it to the officer through the glass. They'll most likely confiscate it, I think.

Signing a Form I-407 would be officially surrendering the green card.  CBP can not revoke status.