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Re-entry with green card after long absence

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  • Re-entry with green card after long absence

    So my grandmother has had her green card for sever years.
    She went back to Iran about 5 years ago now and never came back due to worsening health issues. She's now well and wants to return. So my mother talked her into buying a one way ticket here.
    I know that her long absence basically voids her green card status but I'm more worried about her entry into the port at LAX.

    She hasn't applied for anything special so what will they do to her once she gets here?
    Will they:
    1) let her in and take away the green card so she has to re-apply?
    2) not let her in an deport her immediately? If so, how will they arrange that trip back?

    I'm really worried about this as she has already booked the ticket for a couple of weeks from now and I don't know if they're even going to let her in. She's coming a very long way.

    My mother seems to have gotten it in her head after "talking to some people" that they're just going to fine her a bit and let her in and maybe take away her green card so she has to re-apply. If that's the case then it would be fine because all we want is for her to see her great grand kids and visit for a while, while she reapplies so she can finally live here ..

  • #2
    If they realize how long she has been away, they absolutely won't let her in. 5 years is way beyond any gray area that would allow them to use their discretion to let her in without an SB-1 visa.

    She will either be sent back the same day, or held in an immigration detention center until they arrange to send her back. And the detention center is likely to be very far away so it may be difficult for you to see her. If she doesn't want to get locked up, she should sit and wait in her home country for a new green card.

    My mother seems to have gotten it in her head after "talking to some people" that they're just going to fine her a bit and let her in and maybe take away her green card so she has to re-apply.
    They'll take away the green card for sure and she will have to reapply, but they won't let her back into the US (except for detention).

    EB3 ROW I-485 Approved: July 2007
    USC: July 2013
    I am a layman, not a lawyer. What I write here is not official or professional legal advice. In addition, my answers on this forum are specific to the scenarios discussed in each thread and should not be generalized to other situations.

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    • #3
      dear
      Can you pls let us know did they let ur grand mother enter the country.
      i have similar query for my friends wife & kids who left US in 2006 & want to come back

      Comment


      • #4
        Originally posted by trez63 View Post
        So my grandmother has had her green card for sever years.
        She went back to Iran about 5 years ago now and never came back due to worsening health issues. She's now well and wants to return. So my mother talked her into buying a one way ticket here.
        I know that her long absence basically voids her green card status but I'm more worried about her entry into the port at LAX.

        She hasn't applied for anything special so what will they do to her once she gets here?
        Will they:
        1) let her in and take away the green card so she has to re-apply?
        2) not let her in an deport her immediately? If so, how will they arrange that trip back?

        I'm really worried about this as she has already booked the ticket for a couple of weeks from now and I don't know if they're even going to let her in. She's coming a very long way.

        My mother seems to have gotten it in her head after "talking to some people" that they're just going to fine her a bit and let her in and maybe take away her green card so she has to re-apply. If that's the case then it would be fine because all we want is for her to see her great grand kids and visit for a while, while she reapplies so she can finally live here ..
        The airline might not let her board the plane to the U.S. if they stand a chance at having to return her at their expense.

        Comment


        • #5
          Let the woman play russian roulette.....what if they let her in without asking her a single question.
          Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney regarding your own situation.

          Comment

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