Returning to USA on green card after staying 18 months abroad

[randy M]

hi

My Mom has a valid unexpired green card. She has been outside USA for more than year. Can she come back to USA with her green card? does the airlines object her from boarding the flight in India? please let me know if any one has gone thru this. Thanks in Advance

[pontevecchio]

Returning Resident Visa - U.S. Embassy & Consulates in India (usembassy.gov)

She will need to obtain a returning resident visa before being allowed back.

[JoeF]

If she stayed abroad for over a year without a valid reentry permit the GC has become invalid. Trying to use it would be immigration fraud.

[Berd and Klauss, PLLC]

I think you should get a legal advice on this matter.

[Attorney_17]

Hello,

Please see the link below. If you have questions or would like to discuss this issue further, you are welcome to schedule a consultation with one of our attorneys.

 

https://www.cbp.gov/sites/default/files/assets/documents/2021-Dec/Reminder-%20LPR%20Boarding%2020210305.pdf

[Attorney_10]

Hello, 

A lawful permanent resident (LPR) green card holder may generally leave and enter the United States if the individual does not intend to stay outside the United States for more than one year. If the LPR does intend to stay outside the United States for more than one year, the LPR must first apply for an I-131 re-entry permit with USCIS prior to leaving the United States. The I-131 applicant must be in the United States at the time of application. Without a re-entry permit, the LPR may be denied admission back into the United States after more than a year abroad. Additionally, after 365 days abroad without a re-entry permit, the green card may be presumed to be abandoned.

If a LPR unintentionally stayed abroad for more than one year and did not obtain a re-entry permit, there may be some options to overcome the presumption of abandonment, including:

1)      If the green card is not yet expired, the LPR can seek admission to the United States by demonstrating that they maintained sufficient ties to the United States during their absence and did not intend to abandon the green card.

2)      The LPR can apply for an SB-1 Returning Resident Visa at a U.S. Consulate to have their extended stay considered temporary. This option requires that the LPR demonstrate that their extended stay or absence of a re-entry permit was due to extraordinary circumstances.

However, prior to taking any specific action it is advisable to speak with an experienced U.S. immigration attorney as there are nuances to any situation and approach. https://www.murthy.com/client-services/hire-us