Mom was out of USA for 18 months with GC. Now she wants to come back

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simon_ship

Registered Users (C)
My mom got her GC two years back. She is from India. She did not like US much and decided to not to maintain her green card. Now after 18 months she wants to come to USA and settle here. Note that, when she was leaving for India she did not file for any extension, since she was not planning to ever return.

Has anyone encountered situation like this? I am going to ask my mom to go to US consulate Delhi to sort out this issue. Any thoughts on how to handle the whole process.

What are her chances of coming back to USA?

Thanks
 
Why does she want to come back to the US now? I am curious about this one. :confused: She needs a re-entry permit or she might be denied entry upon arrival.
 
ilovethe80s said:
Correct me if I'm wrong, I thought you can only apply for reentry permit BEFORE you leave the US.
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I agree, in this case, the OP is already outside the US, he needs to try to get her back at any cost, even if applying for this after the fact. Just like doing your AOS in the country after overstay of a tourist visa, maybe USCIS can look the other day and forgive this woman.
 
But isnt it that, she has better chance of getting overlooked at POE than walking into a consulate and asking for reentry permit and raising flag ?
I am not sure if Consulate has authority to issue reentry permit.
 
absrao said:
But isnt it that, she has better chance of getting overlooked at POE than walking into a consulate and asking for reentry permit and raising flag ?
I am not sure if Consulate has authority to issue reentry permit.
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I guess she can always try to enter the country using her green card and see how it goes. If that fails, I wonder if a new I-130 can be filed for her and she goes the CP route.
 
absrao said:
But isnt it that, she has better chance of getting overlooked at POE than walking into a consulate and asking for reentry permit and raising flag ?
I am not sure if Consulate has authority to issue reentry permit.
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It is a flip of the coin, she might be overlooked or she might be detained and quizzed on why she's been away for so long. The CBP might decide she lost her residency and put her back on a plane. The OP needs to make a decision for his mom or he can travel to India and travel with him mom on the same plane and see what happens. However, he can't stop CBP from detaining his mother, at least he will be there to know all the facts..:cool:
 
My lawyer told me : "Only a judge can revoke a CG not an agent at the airport. He has to fill some paperwork and you go in front of a judge".
 
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GCman2005 said:
My lawyer told me : "Only a judge can revoke a CG not an agent at the airport. He has to fill some paperwork and you go in front of a judge".
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Love that lawer. Did he also mention that you will spend some time in a detention with all sort of random people?
 
The US consulate cannot do anything in this case. Her best hope is to approach the POE and seek entry on her GC. She should verbally maintain that she has not abandoned her US residency. She might be allowed to enter and present her case in front of an immigration judge.

simon_ship said:
I am going to ask my mom to go to US consulate Delhi to sort out this issue. Any thoughts on how to handle the whole process.
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She could try the returning resident option. Since she likely did not files taxes, etc., get an attorney involved to set up for best possible outcome.
 
Concerned4us said:
She could try the returning resident option. Since she likely did not files taxes, etc., get an attorney involved to set up for best possible outcome.
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yeah that's what exactly we are trying to do. And she did work here for abt a month so we have her tax return also. I want to know if people get rejected for filing returning resident visa?

Thanks!
 
My friend's parents left 12 months and came back, nobody even asked them. The worst you get a warning.
 
12 months or less would be acceptable in extreme cases. In all probability she would be denied entry, I think she should try for returning resident visa at nearest consulate or embassy before trying to board a flight
 
She does not qualify for the RR visa. It's a visa when the circumstances are beyond her control, i.e. she fail in coma for 18 month and now regained consciousness.
You would need to have USICS to notify the embassy issue her a new visa under your 130. File I-824, or contact nvc and ask them to the same, or contact the embassy for the same, or file another I-130.
 
I would recommend bringing your mother back through a Non-Busy Port of Entry where officers might be more lenient (For ex: Newark,NJ , philadelphia,pa..) on the GC Flap . You shoud definitely avoid ( JFk, Chicago, Detroit, LA, SFO)
 
:rolleyes:
Nav102 said:
I would recommend bringing your mother back through a Non-Busy Port of Entry where officers might be more lenient (For ex: Newark,NJ , philadelphia,pa..) on the GC Flap . You shoud definitely avoid ( JFk, Chicago, Detroit, LA, SFO)
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The other place to avoid are Texas, Arkansas and Alabama...:rolleyes: If CBP allows her in, then the people there might not allow her..:D As I suggested earlier, fly to India and bring her back, so that you can see what will happen to her. It is better to be a witness of a shellacking than read about it on the evening news....
 
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