Returning US after 7 years with GC

[nimmi60 0]

My wife holds green card. Returning to US after 7 years of staying in India due to family issues. I am living United States. Will it be a problem at port of entry for her?

[Allaboutwaiting 2,503]

She abandoned her permanent residence, now she needs a returning resident visa.

[mushroomspore 3,044]

  On 1/10/2022 at 3:35 AM, nimmi60 said:

My wife holds green card. Returning to US after 7 years of staying in India due to family issues. I am living United States. Will it be a problem at port of entry for her?

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Yes.

[Mike E 11,745]

  On 1/10/2022 at 3:35 AM, nimmi60 said:

My wife holds green card. Returning to US after 7 years of staying in India due to family issues. I am living United States. Will it be a problem at port of entry for her?

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Has her green card expired?

[Mike E 11,745]

Anyway https://www.houstonimmigration.org/wp-content/uploads/2017/02/AILA-rights-of-LPRs-at-entry-points.pdf is clear:

 

An LPR who is deemed to be seeking admission may be charged as removable from the United States as an arriving alien.
 

LPRs that are charged as removable, including those who are alleged to have abandoned their U.S. residence, have the right to a hearing before an immigration judge. See Matter of Huang, 19 I&N Dec. 749 (BIA 1988). Despite this, CBP may attempt to convince an LPR that their absence from the United States resulted in automatic abandonment of their U.S. residence, and urge them to sign a Form I- 407, Record of Abandonment of Lawful Permanent Resident Status. As AILA recently advised, an individual does not lose LPR status merely because of time spent abroad. An LPR remains an LPR unless the government proves abandonment by clear, unequivocal, and convincing evidence and until an order of removal is issued and becomes final.

Form I-407 must be signed voluntarily and there are no negative consequences if an LPR refuses to sign the form. Neither failure to sign nor abandonment of LPR status by itself is grounds for detention by CBP. If CBP makes a determination, by a preponderance of the evidence, that the LPR abandoned his or her residence in the U.S., and the LPR refuses to sign a Form I-407, CBP’s only recourse is to issue a Notice to Appear (NTA) before an immigration judge. Even LPRs who have signed a Form I-407 retain the right to request a hearing before an immigration judge to determine whether LPR status was abandoned. See Matter of Wood, No. A24-653-925 (BIA 1992). Should CBP confiscate the LPR’s permanent resident card, the LPR has the right to alternative evidence of LPR status, such as an I-94 card and/or passport stamp.

 

Based on the above, I believe the best answer is to just come home.  

[igoyougoduke 1,679]

  On 1/10/2022 at 3:35 AM, nimmi60 said:

My wife holds green card. Returning to US after 7 years of staying in India due to family issues. I am living United States. Will it be a problem at port of entry for her?

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likely. CBP at port of entry will determine whether she has abandoned or not. As long as her green card is valid, airline can allow her to board 

[nimmi60 0]

Green card will expire in May 2025.

[Mike E 11,745]

  On 1/10/2022 at 12:56 PM, nimmi60 said:

Green card will expire in May 2025.

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Then it is time to come home.  
 

 is her friend.  https://www.aila.org/File/DownloadEmbeddedFile/88555 

Edited January 10, 2022 by Mike E

[aaron2020 11,651]

If the airline will let her fly, then CBP will let her in with a valid green card.

 

Airlines are reluctant to fly green card holders who have been outside the US for more than a year.  If the person is refused entry, the airline can be fined and has to fly the person back.  They don't want to do this.  

Edited January 10, 2022 by aaron2020

[millefleur 5,050]

  On 1/10/2022 at 4:33 PM, aaron2020 said:

Airlines are reluctant to fly green card holders who have been outside the US for more than a year.  If the person is refused entry, the airline can be fined and has to fly the person back.  They don't want to do this.  

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Wow, really? So if someone is turned away at the border they airline has to fly them back free of charge?

[Allaboutwaiting 2,503]

  On 1/10/2022 at 7:45 PM, millefleur said:

Wow, really? So if someone is turned away at the border they airline has to fly them back free of charge?

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I guess it depends if it was the airline's fault?

I just read a document that states the airline shall make all the proper arrangements to return someone who is found inadmissible but there's no detail about who is covering the expenses.

[Mike E 11,745]

  On 1/10/2022 at 4:33 PM, aaron2020 said:

If the airline will let her fly, then CBP will let her in with a valid green card.

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Yes.  
 

  3 hours ago, aaron2020 said:

 

Airlines are reluctant to fly green card holders who have been outside the US for more than a year.

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All airlines or some airlines?

 

Regardless   CBP published memo last year telling airlines to stop doing that.   Which I posted. Also I don’t see how in all cases an airline knows the LPR has been out fo the USA for more than a year.  

  3 hours ago, aaron2020 said:

 

If the person is refused entry, the airline can be fined and has to fly the person back. They don't want to do this.  

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But you just said the LPR won’t be refused entry.  

[millefleur 5,050]

  On 1/10/2022 at 7:56 PM, Allaboutwaiting said:

I guess it depends if it was the airline's fault?

I just read a document that states the airline shall make all the proper arrangements to return someone who is found inadmissible but there's no detail about who is covering the expenses.

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Do they airlines actually check the stamps to see how long an LPR has been out of the US? The US does not issue exit stamps that I'm aware of. How would they even know? Even if they asked, how would you prove it without a stamp? Just showing your latest entry/exit stamps from another country?

[Allaboutwaiting 2,503]

  On 1/10/2022 at 8:00 PM, millefleur said:

Do they airlines actually check the stamps to see how long an LPR has been out of the US? The US does not issue exit stamps that I'm aware of. How would they even know? Even if they asked, how would you prove it without a stamp? Just showing your latest entry/exit stamps from another country?

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I meant inadmissibilities in general.

In this case, OP's wife might be allowed to fly and admitted BUT that would likely trigger a number of issues.

[millefleur 5,050]

  On 1/10/2022 at 8:04 PM, Allaboutwaiting said:

In this case, OP's wife might be allowed to fly and admitted BUT that would likely trigger a number of issues.

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I knew a guy who "moved" out of the US on his GC without realizing that the 10 year card meant he had to be permanently living in the US. I think he was out for over a year before returning back to take care of something with his house and he got harassed/reprimanded by CBP but was eventually let in. His argument was "Gee, I just didn't know I couldn't be out that long, I thought because my GC is 10 years that I can come and go as I please." Seems like it's up to the discretion of the CBP officers if they want to let you or not in this situation.

 

In terms of the airline allowing to board, my hunch is if they see a valid GC they'll let you board. Whether or not CBP admits them is harder to say. 7 years is a long time to be away, so it seems risky for sure.