Green Card Holder returning USA after staying more than one year outside

[jppaul 1]

Hi,

 

Is there any experience of Anybody returning USA after staying outside for more than one year without re-entry permit?

I am not worried about US port of entry but worried about departing country immigration check and the airlines.

If you have any such experience, please share. Thanks.

[Crazy Cat 41,886]

I strongly advise your Mother NOT to attempt to re-enter the US without an SB-1 if she has remained outside the country for more than a year.  She could be detained at the border.  I wouldn't risk it 

Edited October 16, 2021 by Crazy Cat

[JeanneAdil 6,510]

You are asking this as your mother wants to return?

she has an unexpired green card (per your post)/  and she has been stuck outside US because of covid?

 

she didn't need AP

[Just Paul 4,595]

32 minutes ago, jppaul said:

worried about departing country immigration check and the airlines

All they care about is if the green card validity date hasn't expired.

 

Any reason she didn't apply for a SB-1 in may?

 

[arken 4,197]

41 minutes ago, jppaul said:

Hi,

 

Is there any experience of Anybody returning USA after staying outside for more than one year without re-entry permit?

I am not worried about US port of entry but worried about departing country immigration check and the airlines.

If you have any such experience, please share. Thanks.

You should flip your world of worry. 

[Mike E 11,739]

5 minutes ago, Paul & Mary said:

All they care about is if the green card validity date hasn't expired.

 

Any reason she didn't apply for a SB-1 in may?

 

There are legends about airlines or immigration exit control officers refusing to board passengers with green cards who have been out of the USA for more than a year.  
 

I’ve yet to read a specific claim.  
 

As that great naturalized American Wayne Gretzky one said, “you miss 100 percent of the shots you don’t take”

 

I disagree with the advice to get an SB-1 visa. It is fine advice if:

 

* it doesn’t take months to years to get

 

* there is no pandemic. With the pandemic most  embassies only entertain emergencies 

 

* there is a high chance of getting it

 

If after a year waiting for an interview the embassy says no, what then?

 

* the LPR has accrued another year out of the USA 

 

* CBP has more ammunition for determining the LPR is an arriving alien instead of a returning resident. 

 

 

3 minutes ago, arken said:

You should flip your world of worry. 

Based on what?

[arken 4,197]

28 minutes ago, Mike E said:

Based on what?

It's pretty evident in OP's post.

[aaron2020 11,651]

1 hour ago, Crazy Cat said:

I strongly advise your Mother NOT to attempt to re-enter the US without an SB-1 if she has remained outside the country for more than a year.  She could be detained at the border.  I wouldn't risk it 

Absolutely not true.  What are you basing this on?

 

OP's problem is exactly as he described it.  The problem is an airline allowing an LPR who has been outside the US more than a year to fly.  CBP will not detain that person if they can fly to the US.  CBP will let them it.

 

I've seen this happen on both ends multiple times.  Airlines refusing to fly LPRs who have been outside the US more more than 1 year.  I've seen LPR who have been outside the US for more than a year enter the US without any problems.

[Crazy Cat 41,886]

6 minutes ago, aaron2020 said:

Absolutely not true.  What are you basing this on?

 

OP's problem is exactly as he described it.  The problem is an airline allowing an LPR who has been outside the US more than a year to fly.  CBP will not detain that person if they can fly to the US.  CBP will let them it.

 

I've seen this happen on both ends multiple times.  Airlines refusing to fly LPRs who have been outside the US more more than 1 year.  I've seen LPR who have been outside the US for more than a year enter the US without any problems.

What am I basing on? LOL!!!  

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/returning-resident.html

 

"A permanent resident (called lawful permanent resident or LPR) or conditional resident (CR) who has remained outside the United States for longer than one year, or beyond the validity period of a Re-entry Permit, will require a new immigrant visa to enter the United States and resume permanent residence. A provision exists under U.S. visa law for the issuance of a returning resident special immigrant visa to an LPR who remained outside the United States due to circumstances beyond his/her control."

Edited October 16, 2021 by Crazy Cat

[aaron2020 11,651]

4 minutes ago, Crazy Cat said:

What am I basing on? LOL!!!

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/returning-resident.html

 

"A permanent resident (called lawful permanent resident or LPR) or conditional resident (CR) who has remained outside the United States for longer than one year, or beyond the validity period of a Re-entry Permit, will require a new immigrant visa to enter the United States and resume permanent residence. A provision exists under U.S. visa law for the issuance of a returning resident special immigrant visa to an LPR who remained outside the United States due to circumstances beyond his/her control."

Where does it say that the person risk being detained at the border as you posted? LOL.  You're making stuff up.

Please show me anything where an LPR who has stayed outside the US for more than a year has been detained at the border when attempting to enter the US.  

Edited October 16, 2021 by aaron2020

[Boiler 45,525]

It is possible for a person to be detained pending an appearance in front of an Immigration Judge, never comes across it actually happen but I have limited data to go on.

[aaron2020 11,651]

1 minute ago, Boiler said:

It is possible for a person to be detained pending an appearance in front of an Immigration Judge, never comes across it actually happen but I have limited data to go on.

Show me where a person has been actually detained . . . ever.  

This is like reimbursing the US Government for means tested benefits on the I-864.  It's possible, but it has NEVER happen since the US Government has no mechanism to assess what it paid out and sue under the I-864.   

[Boiler 45,525]

Just now, aaron2020 said:

Show me where a person has been actually detained . . . ever.  

This is like reimbursing the US Government for means tested benefits on the I-864.  It's possible, but it has NEVER happen since the US Government has no mechanism to assess what it paid out and sue under the I-864.   

You quoted me saying that I had never come across it so do not understand your question.

 

The main issue for the I 864 seems to be the Divorce courts

 

Generally I very rarely will be definite about anything to do with Immigration too much weird stuff 

 

And well that goes for all of us most of our information looks back not forwards

 

The not being able to get on a plane after a year out is one of those things I have not come across, I have seen it mentioned as a possibility and surprised me. Why would they care how would they know

[African Zealot 1,455]

You have nothing to lose by her trying. Actually the odds are in her favor. I know several people who accomplished that successfully after I had advised them not to. I wouldn’t waste a dime on an SB1 or waster further time.

 

She should just come ASAP!

[SalishSea 17,836]

So if this is the case, why are there even rules about living in the US with a green card? Why is there even an SB-1?  

 

Sounds like there are no real consequences to 'abandoning' a green card.