Parents out of US more than 12months

[Shiro0827 2]

I wanted to ask if anyone’s family members with green card holder who had been out of the country for over a year. They didn’t file for the the re-entry permit though before they left. Last Stu here was October 2019. Any other suggestions what we need to do for them? Definitely don’t want to get tickets only for them to be denied entry. 
 

thanks all!

Edited February 23, 2021 by Shiro0827

[Boiler 45,500]

So they want to come back? Sort of assuming that is the case, they can either return using their GC's and see if they are referred to an immigration judge or apply for a SB1, knowing nothing about their case and why they have been gone so long difficult to say which is best.

[Shiro0827 2]

5 minutes ago, Boiler said:

So they want to come back? Sort of assuming that is the case, they can either return using their GC's and see if they are referred to an immigration judge or apply for a SB1, knowing nothing about their case and why they have been gone so long difficult to say which is best.

Yes they do. Tbh my parents didn’t want to travel during the whole COVID pandemic thing so they refused to come back initially. Now that there is a vaccine they are planning on coming back. They’ve only been GC holders since 2018 I think.

They stayed here for 6months upon their 1st visit and my mom couldn’t bear the thought of being so far  and missed the Philippines too much. They went home then visited for only 3 weeks last 2019.  I know a tourist visa would’ve been more sufficient with how they’re travel is but they did initially want a GC (all the children were trying to start living here) Now they want to come back and we are quite hesitant getting tickets if they’ll be denied entry. 
My other sibling was adamant that as long as it’s not more than 2 years it’s fine. She says people she knew had done somewhat the same. But I don’t really know if those friends/acquaintances have similar situations -being gone over a year. 
my parents have not really filed taxes per se since they have no income here and are retired back home too. We claimed them as dependents when they stayed with us for 6 months so that’s it as far as taxes goes.

[Boiler 45,500]

Permanent Residents are taxed on their world wide income.

 

They can not be denied entry, they may be asked to hand in their Green Cards, file a I 407, but they can refuse. Theoretically they can be put into detention pending an appearance before the Immigration Judge but not sure I have heard of that happening.

 

Sounds like they are not sure where they want to live.

[aaron2020 11,651]

Get them plane tickets and hope the airline lets them board.  The problem arises when airlines refuses to let LPR who have been out of the US for more than 1 year fly.  Once at the US border, CBP will let them in.  Whether CBP will refer them to immigration court for abandoning their LPR is another issue; IMHO a small issue.

Getting an SB-1 is HARD.  You have to show a reason out of your control to get an SB-1.  Fear of coming back because of COVID is not acceptable.  This is the risker route.

Green cards are for living in the US.  You mentioned "1st visit" and visiting for 3 weeks in 2019.  Green cards are not for visiting the US.  Visiting puts them at risk for losing their green cards.  

If your parents just wants to visit the US, then file the I-407 to return their green cards and have them file for visitor visas.  

 

 

Edited February 23, 2021 by aaron2020

[Pinkrlion 2,719]

They have been outside the US longer then they have been inside the US since GC issued.  

[Shiro0827 2]

2 hours ago, aaron2020 said:

Get them plane tickets and hope the airline lets them board.  The problem arises when airlines refuses to let LPR who have been out of the US for more than 1 year fly.  Once at the US border, CBP will let them in.  Whether CBP will refer them to immigration court for abandoning their LPR is another issue; IMHO a small issue.

Getting an SB-1 is HARD.  You have to show a reason out of your control to get an SB-1.  Fear of coming back because of COVID is not acceptable.  This is the risker route.

Green cards are for living in the US.  You mentioned "1st visit" and visiting for 3 weeks in 2019.  Green cards are not for visiting the US.  Visiting puts them at risk for losing their green cards.  

If your parents just wants to visit the US, then file the I-407 to return their green cards and have them file for visitor visas.  

 

 

Yup unfortunately. It wasn’t a plan to be living out of the country but things change, life change hence all the trips out. Thank you for the reply though! I didn’t even think it’d be a possibility to be accepted at the CBP. If it were me honestly they’d be living here or would’ve just gotten a tourist visa if I’d known my one parent was gonna treat it as such. 

[Boiler 45,500]

I realise  there are many who use a GC as a way to visit, and most seem to have no issue.

 

Does make me wonder if there is a real issue, I can see from a CBP point of view it is not. After all what is the worst that can happen, an IJ removes their status and they immediately refile to adjust.

 

All seems to be pointless from an immigration perspective.

[RICARDO4EVA2 194]

15 hours ago, aaron2020 said:

Get them plane tickets and hope the airline lets them board.  The problem arises when airlines refuses to let LPR who have been out of the US for more than 1 year fly.  Once at the US border, CBP will let them in.  Whether CBP will refer them to immigration court for abandoning their LPR is another issue; IMHO a small issue.

Getting an SB-1 is HARD.  You have to show a reason out of your control to get an SB-1.  Fear of coming back because of COVID is not acceptable.  This is the risker route.

 

The airline will not refuse them as they only look at the expiration date on the travel documents. Also, Covid-19 is acceptable. 

[RICARDO4EVA2 194]

12 hours ago, Shiro0827 said:

Yup unfortunately. It wasn’t a plan to be living out of the country but things change, life change hence all the trips out. Thank you for the reply though! I didn’t even think it’d be a possibility to be accepted at the CBP. If it were me honestly they’d be living here or would’ve just gotten a tourist visa if I’d known my one parent was gonna treat it as such. 

My father did the same... book the tickets, they say nothing unless asked.  

[SusieQQQ 11,586]

1 hour ago, RICARDO4EVA2 said:

The airline will not refuse them as they only look at the expiration date on the travel documents. 

Not true, I was personally twice asked how long I’d been outside the US when I still had my green card, it seemed a newer thing some airlines had started to do.  

[ThomasNC1988 762]

Best course of action if they want to come back is to buy the tickets and fly back. No way of knowing what will happen for sure but most likely they will just be let in. It seems riskier than it is because there is always that chance but it isn't all that risky from everything I have seem posted here over the past few years.

[retheem 564]

Get the tickets and get back to the country. Chances of being denied entry are close to zero. They could be paroled to see an IJ to defend their green card but cross that bridge if it gets there (highly unlikely at this time). As to whether airlines will ask how long they have been out, some do and some don't. For a fact, Emirates and Qatar don't ask those questions. And as always, DO NOT and i repeat, DO NOT sign anything at the port of entry.

Edited February 24, 2021 by retheem

[Shiro0827 2]

Thanks all! They arrived here a few weeks ago and it was fine. Smooth and no issues! 😊

[aaron2020 11,651]

6 minutes ago, Shiro0827 said:

Thanks all! They arrived here a few weeks ago and it was fine. Smooth and no issues! 😊

Good to hear.

 

Which airline did they fly on?  Any problems with boarding?  Did they ask if your parents had been outside the US for more than a year?

Edited April 6, 2021 by aaron2020