Green card holder staying outside usa for more that 12 months

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Dsabuskair

New Member
Hello guys, my wife got her green card in April 2019, but she had to leave usa before that due to not receiving the approval nor the approval for visa extending application. So she left in Jan 2019, during that period she had to stay abroad and register my 12 year old daughter in school, in addition to care for me after i was diagnosed with Mylofibrosis, and had to go through bone marrow transplant, can she return to usa with out any problem, ore she has to do apply though the local usa Embasdy thank you
 
It’s not clear what the situation you are describing is. She left four months before she got her green card? Was she doing adjustment of status? if so on what basis, and did she have advance parole documents before she left?
 
Your description of your wife’s status is quite confusing. What approval/visa extending approval are you talking about if she already got her GC?
 
When she applied through my son, she waited amost 8 months without any reply, she then applied for extension of stay, she never got a reply. Thats why she left the US before she got the card, after afew month my daughter in the USA received the card by mail.
 
She woukd like to return to thd USA now, she is afraid that they will deny her entry with the Green card since she has been out fir more that 12 month, even though the date of card issue is Aprile 27, 2019
 
can you be more clear about what you mean. did your son apply for her via IR5? Did she enter as a visitor and try to adjust? Did she ever get an advance parole document?
 
SusieQQQ said:
can you be more clear about what you mean. did your son apply for her via IR5? Did she enter as a visitor and try to adjust? Did she ever get an advance parole document?
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Hello Dear,

Yes, my son applied for her, she entered as a visitor, then applied fir adjustnent of status .
 
Dsabuskair said:
She has the Green Card already.
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did she go for an interview and get approval for the green card before she left the US? Or had she not gone for an interview and adjustment was still pending when she left? It is hard to give you any proper advice without an understanding of the exact process she went through.
 
She had a pending AOS and she left the US before the petition was approved. If she didn’t have an approved AP when she left in January 2019, her AOS petition is considered abandoned. The subsequent approval in April was in error.
 
Yes, she had an interview and did the biometric. But left before receiving thr green card. biw she has it since Aorile 2019
 
SusieQQQ said:
It’s not clear what the situation you are describing is. She left four months before she got her green card? Was she doing adjustment of status? if so on what basis, and did she have advance parole documents before she left?
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No she dud not obtain any paper befire leaving
 
Sorry for the confusion, just to be clear if she got the card in Aprile of 2019, and want to go back now, what are the chances of rejecting her Entry ?
 
Dsabuskair said:
Yes, she had an interview and did the biometric. But left before receiving thr green card. biw she has it since Aorile 2019
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The biometric is not the interview. I am not sure we are talking about the same thing. Did she go for an interview at a uscis field office and was told she was approved for a green card? Did she ever get an I551 stamp in her passport before she left?

i am tending to agree with mom that she abandoned her application from what you have said. If she was actually approved before she left in January and then left, she has now been out for longer than 12 months and has abandoned her green card. So either way she has a problem going back, I am just not sure of the exact nature of the problem.
 
SusieQQQ said:
The biometric is not the interview. I am not sure we are talking about the same thing. Did she go for an interview at a uscis field office and was told she was approved for a green card? Did she ever get an I551 stamp in her passport before she left?

i am tending to agree with mom that she abandoned her application from what you have said. If she was actually approved before she left in January and then left, she has now been out for longer than 12 months and has abandoned her green card. So either way she has a problem going back, I am just not sure of the exact nature of the problem.
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Its a it confusing to us as well, she did not have an interview, nor had a stamp on her passport, the reason she left she was afraid if overstaying illegally, thats all. Any way is possible to visit the local USA embassy and explain her case? All of our kids are usa citizens are living in usa now.
 
Your children’s current status are irrelevant at this stage. The reason for her departure while AOS was pending (even though she shouldn’t have left because she was effectively considered to be in an authorized stay because of the pending AOS) is also irrelevant at this point, I’m sorry to say. If truly considered about overstaying illegally, she shouldn’t have entered the US on a visitor’s visa to file for AOS. Anyways, that’s all water under the bridge now.

Like I said earlier, her GC was approved in error because USCIS didn’t realize she already left the country a couple of months before it was approved. Going to the embassy, assuming you can get an appointment to enter the premises, to “explain her case” isn’t going to help her situation. Her GC, technically speaking, is no longer valid.

Now, she can decide to take her chance and travel down to the US with the card. She may be re-admitted, slight possibility of that, however there’s still the fact that the GC is technically speaking no longer valid. I do not believe she will be able to renew the card or apply for citizenship, years down the road. USCIS will review the entire immigration history then and they will discover the GC shouldn’t have been approved in the first place.
 
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