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mlchandana

Lapsed Green card

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My mother is a green card holder. She was suppose to return to the States on May 15th 2020, but had to stay in India due to lock down and flight cancellation. It's more than a year since her last visit to the United States due to the unavoidable circumstances. Will the Homeland security show some lenience if she presents with the unused return ticket itinerary at the port of entry or should we go through the whole process of returning  resident visa? Please guide me through.

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Try your luck. CBP officers may try to have her sign I-407 abandonment form, but she doesn't have to - then they will put her through immigration court hearing, where she has to prove that she did not intend to abandon her LPR status. If the money isnt an issue, I would try to get through first and explain to CBP officers. 

Good luck

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"LPRs who have been outside of the U.S. for more than 365 days, will need to apply for a returning resident visa (SB-1). "

Get her a returning resident visa. 

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