Returning US after 7 years with GC

[Dashinka 24,493]

13 hours ago, Mike E said:

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.  

I agree, I don't think an SB-1 is appropriate for this one as it would be hard to prove the issue was beyond control of the LPR for 7 years.

[Mike E 11,739]

23 minutes ago, millefleur said:

I knew a guy who "moved" out of the US on his GC wit" Seems like it's up to the discretion of the CBP officers if they want to let you or not in this situation.

CBP has no discretion.  It has no recourse other than issuing an NTA.  
 

23 minutes ago, millefleur said:

 

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. 

Not hard at all.  Denial would be illegal.  

[millefleur 5,046]

2 minutes ago, Mike E said:

CBP has no discretion.  It has no recourse other than issuing an NTA.  
 

Not hard at all.  Denial would be illegal.  

I didn't know, in that case I also just recommend the OP to come back. I assume CBP could still reprimand at the border, so at least be prepared for not the warmest welcome after being out for 7 years.

[Boiler 45,486]

Seems she got her 10 year GC in 2015 and left.

 

Certainly sounds like an interesting conversation.

 

Sort of surprised Covid has not been mentioned 

[SalishSea 17,828]

30 minutes ago, Mike E said:

CBP has no discretion.  It has no recourse other than issuing an NTA.  
 

Not hard at all.  Denial would be illegal.  

In other words, there is never any consequence or drawback for staying outside of the US for any length of time over the duration of a ten year GC, as long as the LPR returns before the expiration date?  So you could leave the minute you get it, and return 9.5 years later, without a problem?

 

I thought GCs were meant for living in the US?

[Boiler 45,486]

The real risk is ending upon Immigration Court

[Mike E 11,739]

7 minutes ago, Jorgedig said:

In other words, there is never any consequence or drawback for staying outside of the US for any length of time over the duration of a ten year GC, as long as the LPR returns before the expiration date?  So you could leave the minute you get it, and return 9.5 years later, without a problem?

 

I thought GCs were meant for living in the US?

The consequence is as I’ve said before on this thread and more threads I can count (and there seems to be at least one a week): CBP can issue an NTA.  

[SalishSea 17,828]

1 minute ago, Mike E said:

The consequence is as I’ve said before on this thread and more threads I can count (and there seems to be at least one a week): CBP can issue an NTA.  

But, do they?  We never hear about those situations here.  

[MASH 172]

17 hours ago, 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?

She took to long to come back , she might have to do a returnal visa or depends who’s at the POE.

Edited January 10, 2022 by MASH

[Rlewis 73]

As an ex airline-employee who dealt with admitting passengers for travel and checking documents that allows passengers to transit/go to certain countries - the airlines (at least, the one I worked with) was very strict about passengers having the correct documents to travel/transit. If it turns out a passenger is inadmissible/unable to transit a country due to missing visa/documents/etc, the airlines then have to send the passengers back to the originating country they left from.

 

Oftentimes, the agents are heavily reprimanded as airlines get heavily fined by this as the country sees it as the airline's mistake/slip up to allow the person to travel. I do not think the cost falls upon the person travelling, and it goes to the airline itself. But this may cause some issues between the passenger flying and the airline they wish to fly on. (If anyone had a different experience with a different airline, I would love to know. This was the action my ex-employer did)

 

as for re: OP's topic.
Depending on the agent's knowledge of US GC rules, they may or may not be aware that his wife shouldn't be spending so long abroad while holding a GC...

but even if the airline lets her fly, and she arrives to POE with CBP...now it is up to CBP. But if CBP deems her inadmissible then the airline who flew her there has to take her back and gets fined for it. Although I believe CBP cannot deny entry for a US Citizen - I do not know about GC holders...feels it would be treated similarly as a USC.

 

I will chime in with the rest and maybe do a little discussion with someone with more knowledge...

[millefleur 5,046]

35 minutes ago, Jorgedig said:

But, do they?  We never hear about those situations here.  

Have we ever heard of an LPR here being actually denied entry for spending a long time outside the US? I personally only know of stories were LPRs were admitted (albeit after being given a talking to.)

[Mike E 11,739]

4 minutes ago, Rlewis said:

    

now it is up to CBP. But if CBP deems her inadmissible

CBP has to let her in.  It has no recourse other than summoning her to immigration court. 

[SalishSea 17,828]

5 minutes ago, millefleur said:

Have we ever heard of an LPR here being actually denied entry for spending a long time outside the US? I personally only know of stories were LPRs were admitted (albeit after being given a talking to.)

I don't know.  It is confusing because there are senior VJ members who seem to think there is no problem for coming back after long periods out of the country.  Just seems odd to even have things like returning resident visas, if they are not necessary.

 

And the fact that we never see people on VJ in this situation who are facing NTAs - maybe they are just waved through the line, if it's too much bother or paperwork?

Edited January 10, 2022 by Jorgedig

[TBoneTX 45,287]

3 minutes ago, Mike E said:

CBP has to let her in.  It has no recourse other than summoning her to immigration court. 

If the CBP agent is in a foul mood (not unusual), it would seem possible that the attempted entrant might be urged (forced) to sign an I-407.

[millefleur 5,046]

6 minutes ago, Jorgedig said:

I don't know.  It is confusing because there are senior VJ members who seem to think there is no problem for coming back after long periods out of the country.  Just seems odd to even have things like returning resident visas, if they are not necessary.

 

And the fact that we never see people on VJ in this situation who are facing NTAs - maybe they are just waved through the line, if it's too much bother or paperwork?

I agree that it is odd. It seems the laws and what actually happens don't line up that well. It's possible those who get served an NTA just lawyer up and don't bother with VJ anymore since we are more of a DIY site. 

 

I totally get what you're saying that it is weird that they would have such a strict law about residency but then be willing to admit people. Perhaps CBP merely doesn't have the power to deny LPRs and it has to be decided by higher ups. It seems CBP can't force you to sign a I-407 but if you refuse you will most as surely go to immigration court after that. So perhaps that is how it gets enforced.