URGENT: Senior Citizen Re-entry, Green Card Holder (After 1.99 years abroad!) ??

[topi123456 35]

Hello everyone,

 

I am fortunate to have learned a lot on this forum in regards to my fiance's K1 and my son's CRBA. (I am living abroad in Albania temporarily)

 

Yesterday over coffee my Great Uncle and I were talking. He has been a green card holder since 2001 (he's over 70 years old). He still has not obtained citizenship through various unbelievable circumstances, divorce etc.

 

Long story short: He has been outside USA for 1.9 years. I believe after 2 years he is not allowed re-entry. I spoke to his daughter to get him on a flight ASAP (before 2 years is up on November 14th). Will he be ok?? We are gathering documents to tie him to USA as a resident.

 

He has a valid passport and green card. Should he be allowed to board a plane to USA, he will explain to the CBP officer that he has stayed more than a year outside USA without USCIS permission due to his (irrational, in my opinion) fears over COVID (Albania had tough lockdowns, police enforced curfews even today).

 

He has not applied for a returning resident visa (SB-1) through sheer negligence. He is old and I can't expect him to have known, although his daughter should have inquired...He never got USCIS permission to stay outside, as he didn't foresee the many waves of COVID (Also negligent on this).

 

If you read this far, please let me know what you think. This is time sensitive for him. I was livid when he told me he was casually "flying back to Charlotte." How sad to risk abandoning abandon US residency...

 

He is a good man. I'd hate to send him to the slaughter, halfway across the world, in an interview room with a harsh or inquisitive CBP officer.

 

Below I am attaching my notes we took this afternoon. I will format the notes into a proper letter for the officer to read, along with documentation/photocopies. He speaks little to no english, so he will definitely need this statement.

 

------------------------------

     

To Whom it may concern,

 

     "  My name is Leonardo R. I am a United States Green Card holder since 2001…(ELABORATE, CREATE A BETTER INTRODUCTION) 

 

 Re-entry time is 24 months (Leonardo will pass this time in 1.5 weeks), allowed international travel time is 12 months. Any stay after 12 months needs permission from USCIS. Any stay over 2 years needs a Returning Resident Visa

 

Leonardo must prove his ties to USA:

 

Leonardo has since March 10, 2001 JFK airport where he has entered and has been in USA every year since (with travel to home country to see his family)

 

Leonardo always was an older man, 52 when he became a US resident, and found work hard to come by not knowing English. In 2002 Leonardo and his wife separated, complicated his life in America. His Daughter, Ana came to the USA with him and his wife. He maintained his resident status all these years to morally support his Daughter, who was 18 in 2002. He loves all his children and wanted to see that Ana was making good life choices in America. 

From 2002 - 2019 Leonardo has been present in America every year.

 

Leonardo wants now more than ever to become a citizen and obtain a US passport. In the past, he was unable to apply and meet conditions (5 year rule) due to a messy divorce in 2004, and his desire to be around his two children in Albania, Kris and Eva (who have both been approved for a US greencard in 2021 and are waiting for an interview at the US embassy in Tirane)

 

For at least the past 10 years, Leonardo has stayed with his Daughter Ana in North Carolina. Ana married her husband John in 2005, and moved and bought a house in North Carolina in 2007. They had their first child, Irena in 2009, John Jr. in 2011 and their second daughter, Vanessa, in 2014. Leonardo has been caretaker for the family all these years. He has helped raise the children and maintain the house and is vital to the Valbona Family. He is a good babysitter and a great grandfather. He loves North Carolina and the beautiful family Ana has created.

Leonardo holds a North Carolina ID card

 

In 2016 Leonardo applied for citizenship but was not able to proceed as he had stayed 9 days longer than 6 months in 2016.

In 2017, 2018 and 2019 Leonardo was present in the USA for over 6 months per year, taking care of the Valbona family, while Ana and John worked as a teacher and for a refrigerator company respectively.

Leonardo has since been preparing for the second try at citizenship. 

 

CREATE FLIGHT HISTORY FOR Leonardo SINCE 2001

 

On November 15, 2019 Leonardo travelled to Albania to renew his Albania passport and to visit Kris and Eva and his grandchildren. He intended to return to America in March 2020 having stayed his maximum of 5 months in Albania (to qualify for citizenship.)

 

COVID-19 created a dire situation in Albania. Albania had strict shelter in place lockdowns. Albanians were not allowed to leave their homes from March until end of May. The measures were heavily enforced by police and Albanians were allowed to leave the house only for groceries based on their gender and/or age. Curfews every night

In the summer of 2020 Albania opened up for travel and tourism, yet COVID was rampant. It was a reopening on the basis of saving the tourism economy.

 

Leonardo remained isolated all throughout the summer of 2020 and fearful of catching COVID. He suffers from diabetes and other health ISSUES. Leonardo was not comfortable flying at the time of high transmission.

 

In the fall and winter of 2020/2021 COVID measures resumed in Albania. Curfews and public mask use use were enforced by police. Cases were only increasing, the highest throughout the pandemic in February 2021. Leonardo still was fearful of travel.

In the summer of 2021 Delta variant created a fear across Albania.

 

Leonardo’s DAUGHTER, Ana, REALIZED LATE THAT Leonardo staying outside the USA for over a year put his resident status at risk. 

 

Ana HAS LEARNED LATE THAT Leonardo’s USA RE-ENTRY PERIOD OF TWO YEARS IS FAST APPROACHING

 

Leonardo IS STILL VERY AFRAID OF COVID AND THE RISING CASES REPORTED IN THE MEDIA.

 

HE IS RETURNING HASTILY IN ORDER TO STAY WITHIN THE 2-YEAR USA RE-ENTRY RULE

 

PLEASE ALLOW HIM RE-ENTRY AS HE VERY MUCH INTENDS TO LIVE IN AMERICA

 

In the very near future he intends to live with his daughter Ana in North Carolina, while visiting often his children Kris and Eva

 

Kris and Eva will most likely settle in NYC, where their mother Bianka, and where Eva’s Daughter Sara live. (Sara is a green card holder since 2015, she is on track to become a US citizen).

 

As you can see Leonardo’s entire family will be in America very soon. As such he will likely not travel to Albania as frequently as he has in the past. After this crazy pandemic experience, he would like to finally settle down.

 

As an older gentleman, he hasn’t economic ties, but his family is a massive and emotional part of his life that ties his future to America

 

Please Allow him entry so he can be with his family     "

 

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THANK YOU FOR YOUR TIME

[Boiler 45,887]

As long as he returns withing 2 years he should be OK.

 

Mind you reading that text it appears he has been living in Albania and using the GC for visiting.

[topi123456 35]

9 minutes ago, Boiler said:

Mind you reading that text it appears he has been living in Albania and using the GC for visiting.

Albanian culture, especially for retired elderly people revolves around their children.

 

I entirely see what you mean. In the past two decades he's had years completely staying in the US taking care of the family, and then some years staying months away. He should have had a US passport by now to avoid this mess.

 

I do not expect CBP to understand...yet this long text is written for the CBP officer, so your opinion is a bit concerning. Any ideas to make the letter better received?

 

Thank you for your reply

 

Edited November 7, 2021 by topi123456

[Boiler 45,887]

I do not see the point of the letter.

 

You said he has a re entry permit

[topi123456 35]

3 minutes ago, Boiler said:

I do not see the point of the letter.

 

You said he has a re entry permit

He does not have a re entry permit. He has a valid green card and a valid passport,

 

He has neither an SB-1 visa nor USCIS permission to be outside USA for 1 year+ (idk if that effects entry or citizenship) 

Edited November 7, 2021 by topi123456

[topi123456 35]

5 minutes ago, Boiler said:

I do not see the point of the letter.

 

You said he has a re entry permit

The idea of the letter is to:

-- prepare him for questioning and to

-- prove his ties to the US, the basis for arguing against abandonment of resident status

[Boiler 45,887]

Ooops a very different situation,  the only 2 year relevance I can think of is a re entry permit.

 

Assuming he has a current GC he can certainly get on a plane.

[Boiler 45,887]

Just now, topi123456 said:

The idea of the letter is to:

-- prepare him for questioning and to

-- prove his ties to the US, the basis for arguing against abandonment of resident status

Preparing him for questioning seems a good idea, not sure that does that.

[JeanneAdil 6,606]

hard for anyone to return in 2020

even beginning of 2021 

Did he ever try to come in the past ?

[topi123456 35]

1 hour ago, JeanneAdil said:

Did he ever try to come in the past ?

No he did not make any attempt, he was waiting for covid to end. He assumed it would be understandable at border control. 

 

Obviously not smart, so we are rushing him on a plane to stay within 2 years, and hoping for the best

[carmel34 3,650]

He may be allowed by CBP to enter with no problem, or may be taken into secondary for questioning, if that happens and they give him a hard time, he can ask politely to appear before an immigration judge at a later date.  I don't see them sending an elderly LPR back to his home country, but it could happen, especially since he has been outside the US for almost two years.  CBP has a lot of discretion in these cases.  If he is asked to appear in immigration court, it's time to get a good attorney and collect documents.  If he is sent back by CBP he can try for an SB-1 visa to re-enter the US.  If he is allowed to enter, appears in immigration court, and his LPR status is revoked and he is sent back, he would have the option to go through another immigrant visa process if he has a qualified relative in the US.  Good luck!

[Boiler 45,887]

Something I forgot to mention, who is sponsoring Kris and Eva?

[topi123456 35]

17 hours ago, Boiler said:

Something I forgot to mention, who is sponsoring Kris and Eva?

Their Mother, Leonardo's ex-wife. She remained in the US since 2001 and became a citizen.

17 hours ago, carmel34 said:

I don't see them sending an elderly LPR back to his home country, but it could happen, especially since he has been outside the US for almost two years.  CBP has a lot of discretion in these cases. 

Thank you, I'll prepare him for the worst