Being outside US with GC for 2 years

A

aghalam

Registered Users (C)
Hello All,

My mother has a green card for 3 years and the last time she was in US was 2 years ago. She wants to come to US(LAX) next month with her GC. I am wondering if anyone has any advice or experience on how to handle this situation?
She has a letter from her doctor stating that she had a sever back problem and she was banned from long distance travels.
Do you think that she should mention that she was a way for 2 years and show the letter from her doctor. Or she should just say she was out of US for less than 6 months?
Any advice would be greatly appreciated.
Thanks,aghalam
 
Of course she should not lie above all.

She likely needs to get permission to re-enter (or renounce her GC) before coming to the US, otherwise she is surely to have her GC confiscated on entry.
 
It isn't DEFINITE that they'll take her away her GC at LAX, but the chances are VERY high. She might get lucky and be allowed in, but that's a HUGE risk of being told she has lost her PR status. Since she has a letter from a doctor, she has a better chance, though. She can also try to get an SB-1 (returning resident visa) from the a US consulate where she is after explaining her circumstances. I do not recommend she lie. That'll open up another can of worms.
 
thanks alot to both of you for the useful info. ! Do you know what happens if they confiscate her GC? is she still allowed to enter US or she gets deported from the airport?

Thanks alot and I appreciate your help!
aghalam
 
aghalam said:
thanks alot to both of you for the useful info. ! Do you know what happens if they confiscate her GC? is she still allowed to enter US or she gets deported from the airport?
Click to expand...
Assuming she has no criminal issues, she can expect to be let into the US, but be required to see an immigration judge at a later date.

If this back problem started before she completed one year outside the US, and continued to restrict her travel for another year, she should have a good chance of getting an SB-1 visa. But not if the problem started after she completed a year outside the US, because she should have already returned within that year. And not if the problem was cured 6 months ago, because in that case she should have applied for the SB-1 six months ago.
 
You must log in or register to reply here.
Top