Greencard holder outside of USA 26 months due to Covid, wants to return

[Mike E 11,739]

If you manage to get an SB-1 then it means you don’t need it: if you can convince State you can convince CBP.  
 

If you don’t get an SB-1 then your only shot left is to come home. 
 

So the point of SB-1 is lost on me. 

[Boiler 45,557]

I can think of a few unusual situations where a SB1 could be more logical, but normally I do not see the point.

[Kai G. Llewellyn 838]

17 hours ago, aaron2020 said:

Entry stamp in people's passport.

The UK stamps passports a lot less these days, I say that as a UK citizen. Many countries can use the e-Passport gates and they aren't stamped..unless they have a specific need to have the stamp (i.e. studying in the UK). UK citizens are never stamped by Border Force.

 

Stamps aren't definitive proof of how long someone has been outside of the US, moreso just when they happened to enter a country, they could have come back to the US, and have re-entered using their original stamp. Not to mention stamping varies a lot between countries these days.

 

That being said, I don't think you need a passport to board a flight to the US if you're a LPR, I think the GC is good enough on its own. Might be wrong on that, I know for land border entries, GC is only what's needed.

Edited December 9, 2021 by Kai G. Llewellyn

[igoyougoduke 1,656]

OP's husband should be able to get entry. I have never seen airlines looking at your passport stamps. they care if you have a valid passport and green card.

 

worst thing OP's husband might get an NTA and assigned as arriving alien to appear infront of judge. again flying into big airports like san francisco, los angeles is smoother than small airport where they are picky 

[Coco8 1,042]

If you want to come to US ASAP, maybe contact your US representative or senator to try to get you an emergency appointment for the baby's passport? 

 

Reading the thread, it seems that's your hold up at the moment. 

 

 

[mam521 2,063]

6 hours ago, Kai G. Llewellyn said:

That being said, I don't think you need a passport to board a flight to the US if you're a LPR, I think the GC is good enough on its own. Might be wrong on that, I know for land border entries, GC is only what's needed.

Depends where you're coming from.  If it's Canada, Mexico, the Caribbean or Bermuda, you can enter on a GC only.  Anywhere else, you require a passport.  

 

Now, I cannot comment on how the airline handles checking you in without a passport because they have requirements for the manifest that gets sent ahead of the flight to the receiving airport.  

[Mr Genuis 91]

On 12/8/2021 at 2:44 PM, Eastereggsrock said:

I am most concerned with my husband's long absence from the USA and being allowed back into the country and not losing his lpr status. We want to be back ASAP.

One truth no one is mentioning here is that... even if your husband has a 10 years green card, the law states that if you stay out side of U.S.A for 1 year and above you are automatically considered abandoned your status. So you may have to file for him again or look for a lawyer. If things had changed , you all were supposed  yo reach out to USCIS and let them know. Normally if you plan a one year trip out of the U.S with a green, it is advisable to let the uscis know before you travel. He can still fly back to home but will have to explain at the port of entry why he stayed  out of U.S for one year. 

Edited December 13, 2021 by Mr Genuis

[ET9709 43]

My DIL, married to an American, is in a similar situation. She has a 10 year green card. They went to Canada in 2019 expecting to stay less than a year. Their son was born while they were there in 2020; embassy was closed for several months but they were finally able to get his US passport. When she tried to cross the border to the US in 2021 she was questioned.  She was willing to voluntarily give up her green card and reapply when they move back in the next year but border agents let her though and strongly suggested she not abandon her green card, instead apply for a re-entry permit, which she has done. Technically, you may only apply for a re-enrty permit before you leave the US but apparently with the Covid mess they are considering some cases like hers. She is waiting for an answer. 

[morrise 0]

Sb1 for sure. This is what it is for. I know this board is not very confident with them. We used one a few years ago, pre pandemic when we were out of the country for 18m. We had a very challenging pregnancy that required a great deal of follow up care and we were unsure of what the outcome would be. It was not in anyone’s interest for us to leave a country with universal healthcare while our situation was so unclear. The pregnancy ended with a beautiful healthy baby and we applied for the sb1 and were successful. I think covid and a pregnancy/baby would also be a good reason and example of you not abandoning your status, especially if you have some us ties. The process is still arduous but not as bad as reapplying. I would guess there is already an understanding that covid would have made it difficult for many people to return in a timely manner.

If you are successful then you won’t have to worry about it down the track, one reason to go this route as opposed to trying your luck at the border/airport. The long stay could come up later. Hope this helps. GL and congrats on the bub!

[Bret L Smith 15]

On 12/8/2021 at 11:14 AM, Eastereggsrock said:

I got my ILR in the UK in 2008. We were moving the other way. We were planning on being here five months. That didn't happen. We are still trying to get my daughter's CRBA.  I didn't really consider just reapplying for my husband if he is brought before a judge and deemed to have abandoned residency. But that makes sense. 

Under the circumstances with Covid, and considering he has a tenure green card, I think you will be OK. But I would probably check with an attorney just to make sure.Under the circumstances with Covid, and considering he has a tenure green card, I think you will be OK. But I would probably check with an attorney just to make sure.

[Fanguy 10]

On 12/8/2021 at 2:51 PM, Mike E said:

Get her UK passport.  
 

All of you fly to Canada / Mexico.
 

Then walk into the USA.   Tell the officer the kid is American. 

That’s not right telling the officer the child is American isn’t enough evidence, if u want a appointment date for ur CBRA email the US embassy in the UK that u have few days to return to the US and they will give u an appointment date n get the child a passport to return to US but have to prove it with a flight ticket 

[Savva 222]

On 12/8/2021 at 1:23 PM, Eastereggsrock said:

My husband got his greencard in Jan 2018. He is a UK citizen, I am the American. We have been in the UK since OCT 2019, we planned to return in March of 2020 but.... well we were stuck here. I had a baby in Feb 2020. We haven't been able to get her birth certified at the Embassy in London or even apply for a returning visa. The Embassy was shut and now has extremely limited appts. We didn't plan on being here this long. We want to return but aren't sure about being allowed back. Thoughts and experiences are helpful. 

Since you are together in the UK and having a baby (God bless) there not a problem at all to apply for SB1 visa for your husband. Is a returning visa created for US permanent residents who overstated overseas. Good luck to you guys!!!

[Boiler 45,557]

I do not think anybody is saying that a SB1 could not be applied for, just very unlikely to succeed.

[VSN 3]

On 12/8/2021 at 10:56 PM, Eastereggsrock said:

Thanks. Perhaps I should've asked if this is common or if it is better to abandon the greencard and reapply.

Hi, me and my husband are in a similar situation. I am a US citizen my husband is a green card holder. He stayed more than a year outside the US and lost his status. We reapplied for I-130 in March 2020 and then the pandemic happened. Since then it is almost two years and we have no answer from USCIS. We received a Receipt Notice only and this is the last and only action taken by the USCIS. I contacted the CIS ombudsman and still no progress. Last month we contacted the congressman's office for assistance and they sent an inquiry. Now we are still waiting. It's been almost two years and this is rediculous for immediate relative...

[Eastereggsrock 7]

39 minutes ago, VSN said:

Hi, me and my husband are in a similar situation. I am a US citizen my husband is a green card holder. He stayed more than a year outside the US and lost his status. We reapplied for I-130 in March 2020 and then the pandemic happened. Since then it is almost two years and we have no answer from USCIS. We received a Receipt Notice only and this is the last and only action taken by the USCIS. I contacted the CIS ombudsman and still no progress. Last month we contacted the congressman's office for assistance and they sent an inquiry. Now we are still waiting. It's been almost two years and this is rediculous for immediate relative...

How did he lose his status? Did he try to re-enter the country and was refused?