Can CBP stop a green card holder entering? (merged)

[Lemonslice 4,841]

9 hours ago, ClareHan said:

I have a green card but I am out of the country and by the time I can get back it may be more than one year (I left in October 2019 and think I wont be able to go back til January 2021). If I arrive in the US having been out of the country  for 15 months, can I be turned around at the airport and sent back to the UK? Or do they have to let me enter and go to my US home but can refer me to immigration court?

Could you try to come back sooner and save yourself the trouble?

[mushroomspore 3,044]

3 hours ago, Linnn said:

We were overseas (retired military father) and then the embassy informed me that my satus ran out right before I was headed to California. So, I had to give up my status because it wasn't reason enough for them that we were there the whole time and took it away

Can you give exact dates? What was the expiry date on your GC? Did you sign any papers about surrendering your status? Do you even still have your GC?

[mushroomspore 3,044]

10 hours ago, ClareHan said:

I have a green card but I am out of the country and by the time I can get back it may be more than one year (I left in October 2019 and think I wont be able to go back til January 2021). If I arrive in the US having been out of the country  for 15 months, can I be turned around at the airport and sent back to the UK? Or do they have to let me enter and go to my US home but can refer me to immigration court?

If your GC is not expired, you have a good chance of being let in. With COVID, they are probably going to be a tad more lenient than they normally are. But be prepared to answer questions. 

[Linnn 108]

3 hours ago, ClareHan said:

So did you lose your green card and later go through the whole visa/green card application process all over again?

Yes, currently still in the process and thankfully it doesn't affect anything now since giving up my status

6 minutes ago, mushroomspore said:

Can you give exact dates? What was the expiry date on your GC? Did you sign any papers about surrendering your status? Do you even still have your GC?

It was a 10 year GC and I had to file a form of abandoning my status. All of this was back in 2018

[Cathi 5,748]

The smart thing to do would be to enter before you've been out of the country for 12 months. Why would you take that chance if you don't need to?

[retheem 565]

16 hours ago, ClareHan said:

I have a green card but I am out of the country and by the time I can get back it may be more than one year (I left in October 2019 and think I wont be able to go back til January 2021). If I arrive in the US having been out of the country  for 15 months, can I be turned around at the airport and sent back to the UK? Or do they have to let me enter and go to my US home but can refer me to immigration court?

But why would you want to play Russian Roulette with your green card? In this day and age? 

[igoyougoduke 1,656]

16 hours ago, ClareHan said:

I have a green card but I am out of the country and by the time I can get back it may be more than one year (I left in October 2019 and think I wont be able to go back til January 2021). If I arrive in the US having been out of the country  for 15 months, can I be turned around at the airport and sent back to the UK? Or do they have to let me enter and go to my US home but can refer me to immigration court?

Yes CBP can send you back home. courts have no jurisdiction at point of entry 

[SusieQQQ 11,586]

You have a number of different threads about this general topic now. Where are you that you cannot return? If it is somewhere with airspace closed, you can investigate repatriation flights. If there are family obligations or similar that are the issue, can you not at least try to fly back for a week or something before your year is up just to pre-empt potential abandonment issues? 
 

 

Edited September 27, 2020 by SusieQQQ

[ClareHan 0]

7 hours ago, SusieQQQ said:

You have a number of different threads about this general topic now. Where are you that you cannot return? If it is somewhere with airspace closed, you can investigate repatriation flights. If there are family obligations or similar that are the issue, can you not at least try to fly back for a week or something before your year is up just to pre-empt potential abandonment issues? 
 

 

I have sent you a message.

[ClareHan 0]

Been out of USA almost one year and have mental health issues.

If in future I want to file sb-1 if I get a note from my doctor saying I was not fit to travel back at the one year point due to mental health reasons, will that be enough proof of circumstances beyond my control?

[NancyNguyen 1,657]

Unless you were in a coma or bedbound, SB-1 is not easy to get. You can try get back to the US normally, worst scenario is that they send you to an immigration court there you can prove it beyond your control (pandemic and health...)

Edited September 30, 2020 by NancyNguyen

[ClareHan 0]

35 minutes ago, NancyNguyen said:

Unless you were in a coma or bedbound, SB-1 is not easy to get. You can try get back to the US normally, worst scenario is that they send you to an immigration court there you can prove it beyond your control (pandemic and health...)

You mean just try to return even if I've been away over a year? Couldn't they make me go back to the UK?

[Chancy 6,241]

6 minutes ago, ClareHan said:

You mean just try to return even if I've been away over a year? Couldn't they make me go back to the UK?

 

Already discussed in your other thread --

 

 

[ClareHan 0]

What do others think about likelihood of an sb-1 being successful? 

[milimelo 4,479]

Not going to happen. Get on a plane and return to the US or make a choice to stay in the UK.