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Expired 2-year re-entry permit but valid GC

Discussion in 'Life After The Green Card' started by xplorer, Dec 5, 2017 at 7:00 PM.

  1. xplorer

    xplorer Registered Users (C)

    My mother overstayed abroad ~3-months over the expiry time of 2-year re-entry permit but she has valid GC.

    PLEASE advice, if they will let her in US, or what are the options for my mother to come back to US?
    I would really appreciate prompt response.

    Thank you.
     
  2. SusieQQQ

    SusieQQQ Well-Known Member

    The expiry date of the GC does not mean she is still a LPR. On the face of it she has abandoned residence. Did she pay US taxes while she was abroad? Maintained any ties? What does she have to show that she maintained residency?
    If she tries to enter in all likelihood she will be referred to an immigration judge to argue why she should not have her green card revoked for abandoning residence. And of course she can expect a tough time at the border - questions, secondary, possibly pressure to sign form of giving up green card & being put on next flight out. How tough is she re being able to argue her case?

    She can try an SB1 visa too if she wants to avoid the above, but they’re not easy to get.
     
  3. 1AurCitizen

    1AurCitizen Registered Users (C)

    It'll be up to the CBP officer's discretion at POE. She could be let in with a few routine questions, or be let in with a stern lecture. Worst case scenario her GC could be potentially jeopardized if CBP has reasons to believe she abandoned residence. GC is for permanent residence in the US, not 27 months overseas, presumably pakistan.
     
  4. xplorer

    xplorer Registered Users (C)

    Thanks you for prompt response.

    Yes, she is from Pakistan. If returning resident-visa (SB1) is hard to get, then should she surrender her green-card, and re-start the process? Or even that process would be full of obstacles?
    What options do I have left besides SB1 or re-starting GC process?
     
  5. newacct

    newacct Well-Known Member

    The best option is to simply travel to the US and try to enter with just her green card. There is a good chance the officer will just let her enter, perhaps with a "warning", if the officer decides she didn't abandon residence. If the officer wants to deny her entry, they can ask her to voluntarily sign I-407 to relinquish her green card. If that happens, she should refuse. Then they will temporarily let her in and ask her to appear at removal proceedings in immigration court before an immigration judge. There, she can present why she didn't abandon residence to the immigration judge, and if they agree, they will not remove her and she will continue living as a permanent resident. The chances of success this way is much better than trying to apply for an SB-1 returning resident visa, which is very hard to get and requires proving she was unable to return due to circumstances beyond her control.
     

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