Staying out the US more than 1 year, if CBP request to face an immigration judge, how long is the wait?

[ivantran85 1]

My mom is 60 years old, 10 yeard green card, has a house in the US under her name, bank account, filed tax.

She left US on November 2019, and stuck in Vietnam due to Corona. Right now she doesnt want to go back to the US due to surging of corona cases. 

If she stay out of the US more than a year, wait until the corona vaccine develop and come back to the US, if the CBP let her in but request her to face immigrant judge, how long is that wait?

I know that she could apply for SB-1 visa, but its 50/50 chance, and she doesnt want to take that chance.

If she just go with green card without SB-1 Visa, she still has 70% chance of getting in.

1. You enter without being questioned - Good
2. You are questioned, but let in with a lecture - Good
3. You are questioned and paroled in to go and face an immigration judge who determines you have not abandoned status - Good
4. You are questioned and paroled in to go and face an immigration judge who determines you have abandoned status and deports you. - Bad

 

Thanks guy

[TBoneTX 45,288]

Probably no one can put an exact time on it, but Immigration Court hearings can take many months or years.

 

Bear in mind that there may never be a vaccine for this virus.

[aaron2020 11,651]

Don't know how you're able to put percentages of outcome of anything.

 

To get an SB-1 visa, she has to show that it was out of her control that she had to stay.  Her chances are zero since there are flights from Vietnam to the US.  She is choosing not to fly so it's not out of her control.  In June, my US citizen uncle just flew from Vietnam back to the US.  Completely under his control.  

 

70% chance of getting in based on what?  You're just guessing and making up a random percentage.   The problem is that the airline will not let her fly if she remains outside the US for more than a year; so you don't know what's her chances are of getting on the flight.  If she gets on the flight, she will be admitted - that's 100%.  CBP could refer her to an immigration court and that's another unknown.  

The wait for an immigration court date could be years.

The world has lived with HIV for 40 years without a vaccine.  There's no guarantee that there will be a SARS CoV-2 vaccine.  

 

 

Edited July 8, 2020 by aaron2020

[igoyougoduke 1,656]

30 minutes ago, ivantran85 said:

My mom is 60 years old, 10 yeard green card, has a house in the US under her name, bank account, filed tax.

She left US on November 2019, and stuck in Vietnam due to Corona. Right now she doesnt want to go back to the US due to surging of corona cases. 

If she stay out of the US more than a year, wait until the corona vaccine develop and come back to the US, if the CBP let her in but request her to face immigrant judge, how long is that wait?

I know that she could apply for SB-1 visa, but its 50/50 chance, and she doesnt want to take that chance.

If she just go with green card without SB-1 Visa, she still has 70% chance of getting in.

1. You enter without being questioned - Good
2. You are questioned, but let in with a lecture - Good
3. You are questioned and paroled in to go and face an immigration judge who determines you have not abandoned status - Good
4. You are questioned and paroled in to go and face an immigration judge who determines you have abandoned status and deports you. - Bad

 

Thanks guy

why dont you apply for reentry permit to be safe that allows up to 2 years stay abroad 

[aaron2020 11,651]

3 minutes ago, James120383 said:

why dont you apply for reentry permit to be safe that allows up to 2 years stay abroad 

An LPR has to apply for a Re-Entry Permit from inside the US.

His mom is in Vietnam so she does not meet the requirement of being inside the US to file for a Re-Entry Permit.  She would need to return to the US in order to qualify to file for a Re-Entry Permit.

Edited July 8, 2020 by aaron2020

[Quarknase 1,072]

Pretty risky guess if you ask me. 6 months is what's considered OK for LPR's to stay outside of the country, 12 months are considered abandonment of status unless there's ample proof otherwise.

As others have stated - it's her choice, she's not actually stuck. Especially not since November, she already had accrued approx. 4 months outside of the US when the virus started really creeping in.

I wouldn't risk it...

[JoeVisa 1]

You need to call USCIS (800) 375-5283‬ by November 4, 2020, and find out if there is anything they can do about your mom's situation. Depending on the virus, flight availability, and the election. They should have some clear information for you. Just make sure you guys have all documentation such as a round trip ticket or any canceled tickets, travel advisory, and so on. 😷🤒

[Canerican 242]

On 7/8/2020 at 2:39 PM, ivantran85 said:

My mom is 60 years old, 10 yeard green card, has a house in the US under her name, bank account, filed tax.

She left US on November 2019, and stuck in Vietnam due to Corona. Right now she doesnt want to go back to the US due to surging of corona cases. 

If she stay out of the US more than a year, wait until the corona vaccine develop and come back to the US, if the CBP let her in but request her to face immigrant judge, how long is that wait?

I know that she could apply for SB-1 visa, but its 50/50 chance, and she doesnt want to take that chance.

If she just go with green card without SB-1 Visa, she still has 70% chance of getting in.

1. You enter without being questioned - Good
2. You are questioned, but let in with a lecture - Good
3. You are questioned and paroled in to go and face an immigration judge who determines you have not abandoned status - Good
4. You are questioned and paroled in to go and face an immigration judge who determines you have abandoned status and deports you. - Bad

 

Thanks guy

The key sentence in the above post is “she doesn’t want to go back to the USA due to COVID” Your mom can not want to come back to the USA all she wants but if she wants to preserve her residency she needs to come back to the USA. 
 

As others have said, re-entry permit does not apply as she is outside the USA, and returning resident (SB-1) visa does not apply as she could have flown back on a repatriation flight or purchased her own flight back. Your mother will probably get questioned even if she comes back now since she has been gone 9 months or so. 

Edited August 13, 2020 by CDN(ON)-USA(VT)

[portorusa 431]

On 7/8/2020 at 12:13 PM, aaron2020 said:

An LPR has to apply for a Re-Entry Permit from inside the US.

This is not correct. It is possible to apply for reentry permit from outside the US.

[aaron2020 11,651]

2 minutes ago, portorusa said:

This is not correct. It is possible to apply for reentry permit from outside the US.

https://www.uscis.gov/sites/default/files/document/guides/B5en.pdf

I am a LPR and need to travel abroad. Can I file my Form I-131 to get a reentry permit while I am outside the United States?

No. You cannot file a Form I-131 to obtain a reentry permit unless you are physically present in the United States when you file the form. You should file your Form I-131 no fewer than 60 days before you intend to travel abroad.

[portorusa 431]

There is a box on the I-131 to check for people applying from outside of the U.S.

 

[aaron2020 11,651]

3 hours ago, portorusa said:

There is a box on the I-131 to check for people applying from outside of the U.S.

 

The I-131 is a multipurpose form.  It's not just for a reentry permit.  It's also for Advance Parole.  And a refugee travel document.  

There is no box on the I-131 to apply for a reentry permit from outside the US.  

There is a box on the I-131 to apply for Advance Parole from outside the US.  Advance parole is different from a reentry permit.  

 

You are leaving out critical words from you post.  

The USCIS handout is unambiguous - a LPR can not file for a reentry permit from outside the US.  A LPR must be inside the US when applying for a reentry permit.  

Edited August 14, 2020 by aaron2020

[portorusa 431]

So a person who is outside of the US can apply for Advance parole instead of reentry permit, right? Potato, potato as long as the goal is to get back to the US.

[aaron2020 11,651]

17 minutes ago, portorusa said:

So a person who is outside of the US can apply for Advance parole instead of reentry permit, right? Potato, potato as long as the goal is to get back to the US.

No.  You just can't seem to get it.

Advance Parole is not the same as a Reentry Permit.  Not potato, potato.  Advance parole is for people with pending immigration cases, not for green card holders.  

Edited August 15, 2020 by aaron2020

[portorusa 431]

Ah, ok. Thanks for the explanation. In this case the person needs to apply for the resident return visa.