GC holder outside US for almost 3 years, OK to come back?

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homeseek

Registered Users (C)
My mom has GC and she's been out of USA for 2 years and 10 months. Now she wants to come back and stay here. I heard she needs to get a returning resident visa but what documents does she need to submit to sucsessfully obtain that returning visa?
 
Thanks Jackolantern. My only worry is that she might be denied returning resident visa or an immigrant visa and she'll loose her GC. She does not care about living in US but we only likes to maintaing her status till her children get GC through her. she applied for them 5 years ago and it is almost time for them to get the GC.
 
After almost 3 years have passed, it is very likely she will be denied. They will want an explanation of why she didn't try to return to the US at 15 months, 18 months, 24 months, etc. I can't see them approving it unless she was kidnapped or in a coma or had some other similar extreme circumstance beyond her control, or was working overseas for a US corporation or government agency (or married to and living with somebody working for them).
 
She had some family matters to take care of but not an extreme situation. Say if she never comes back and my siblings are called for GC, are they gonna be approved? Does US embasy checks petitioner's records in regards to proper GC maintenance and travel recors?
 
The petitioner has to fill out affidavit I-864. There is not way she can hide her living out of US by just telling the truth on the affidavit.
 
I think your mom needs to lie and then commit fraud when she applies GCs for your siblings.

But what is the punishment for lying to an IO about how long you were out of the country? I have many friends did just that but they were never caught. I really want to know what the punishment is. Is it just revoking your GC? Will they go to jail?
 
But what is the punishment for lying to an IO about how long you were out of the country?
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Alien smuggling is a crime. Also, it causes lifetime ban for getting US visas and entering US.
 
homeseek said:
She had some family matters to take care of but not an extreme situation. Say if she never comes back and my siblings are called for GC, are they gonna be approved? Does US embasy checks petitioner's records in regards to proper GC maintenance and travel recors?
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Yes, they do run checks, although they don't have perfect information. And in the interview, they will ask the applicants (your siblings) various questions about their sponsor, and may demand proof depending on the question. Being caught in a material lie could result in both them and your mother being banned from entering the US.

The safest route would be for them to withdraw the green card application, and for your mother to officially surrender her green card, so that they all can have an easier time getting a tourist or student visa in the future.
 
TheRealCanadian said:
I think if you keep counseling people to commit crimes on this board you will have problems.
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Well, I always told the truth to the IOs (because I didn't have to lie I guess), so I really hate that the law enforcement part of the immigration laws here is very lax.

Many people lied to maintain their GC and they didn't get caught. It seems to me it is very simple to scan GCs during exits but they don't do it. Isn't that unfair to law abiding people like me?

Potentially, both.
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How long is the jail time?
 
What happens if she comes to US without getting a returning resident visa? Is she gonna be returned back home or she will be given a chance to try to clear that in US?
 
homeseek said:
What happens if she comes to US without getting a returning resident visa? Is she gonna be returned back home or she will be given a chance to try to clear that in US?
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Anything can happen. The officer might not check or ask about the length of her absence ... and then she's in without any problems (for now). Or they'll send her back on the next flight. Or they'll detain her until a later date when she can see an immigration judge. Or they'll let her into the US and set a later date for her to see the judge.
 
Yee Man Chan said:
That means she can stay in the US indefinitely without any problem once she gets in.

But if you want her to sponsor her children, then you have to commit fraud/perjury.
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why do you keep saying fraud or perjury? if it is ok by immigratioon to let her in and keep her GC why does she need to commit perjury to sponser her kids?
 
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