out of country for a long time - questions about green card

N

nikko

Registered Users (C)
Hello all. My mother has been a green card holder since 2002. Her card is due to expire next May. She has been out of the country for over a year, and this is not her first extended absence. Here are my questions:

- my mother heard that one is not allowed to use a green card for reentry within six months of its expiration date. In other words, if it expires in May 1st, then October 31st would be the last day she could enter the country using it. I can't find any confirmation of this online. Is this true?

- what difficulties might she encounter upon reentry, as well as when she applies for renewal?

Thanks in advance for any help you can provide.
 
Last edited by a moderator:
nkm-oct23 said:
USCIS considers that she abandoned her permanent residence when she stayed outside of US for over 1 year without first obtaining an advance parole. She might not get admitted into US at all.

see http://www.uscis.gov/files/nativedocuments/M-618.pdf; pages 9 and 10
Click to expand...

An LPR gets a re-entry permit (REP) and NOT advance parole.

IF she has been out over a year without a REP, she may apply for a returning resident visa (SB-1) at the consulate or embassy.

Without the REP (or SB-1), the airline won't let her board with an expired card.
 
BigJoe5 said:
An LPR gets a re-entry permit (REP) and NOT advance parole.

IF she has been out over a year without a REP, she may apply for a returning resident visa (SB-1) at the consulate or embassy.

Without the REP (or SB-1), the airline won't let her board with an expired card.
Click to expand...

Just to be clear, her card has not expired. It expires in May of 2012, and she intends to come to the US in December of 2011. Is there still a chance she won't be admitted?

GCman2005 said:
how old is your mother? usually immigration officer dont ask too many question to old people.
Click to expand...

She's 71. I'm hoping that helps.
 
nikko said:
- my mother heard that one is not allowed to use a green card for reentry within six months of its expiration date. In other words, if it expires in May 1st, then October 31st would be the last day she could enter the country using it. I can't find any confirmation of this online. Is this tru?
Click to expand...

That is not true. Green card holders can enter at the last minute before expiration of the green card, provided they don't have other disqualifying factors.

However, some countries that accept a green card instead of a transit visa may have such a requirement. Perhaps that's where the rumor came from.

In her case, the green card expiration is moot, because her absence for over a year without a reentry permit or Returning Resident Visa (SB-1) will stop her from entering the US, even though she should be able to board the flight with the soon-to-expire green card. She needs to apply for the SB-1 visa at a US consulate.
 
Last edited by a moderator:
Just to be clear, her card has not expired. It expires in May of 2012, and she intends to come to the US in December of 2011. Is there still a chance she won't be admitted?
Click to expand...

There is very large chance she won't be admitted. If they let her in they'll probably physically take away the green card and order her to see an immigration judge to plead her case to keep the green card. The port of entry is not the place to expect sympathy in a situation like this. She should apply for the SB-1 visa soon, as it will take a few weeks to complete the process.
 
A friend of mine who is a GC holder had quite an interesting experience, so I thought I would share this..

1. Leaves the U.S.
2. Comes back to Chicago after 2yrs and 1 month
3. The POE officer is being nice and asks how long he is been out of the country
4. He says close to 2yrs, and the POE officer corrects him by stating 2yrs and 1 month
5. The POE officer issues a fine for $600 and needs to be paid at the POE or within given time
6. A friend pays a $600 at the POE
7. The officer gives a warning to him not to do that again and apply for re-entry permit if needed.
 
Waiver Filing Fee rather than Fine

hmz said:
A friend of mine who is a GC holder had quite an interesting experience, so I thought I would share this..

1. Leaves the U.S.
2. Comes back to Chicago after 2yrs and 1 month
3. The POE officer is being nice and asks how long he is been out of the country
4. He says close to 2yrs, and the POE officer corrects him by stating 2yrs and 1 month
5. The POE officer issues a fine for $600 and needs to be paid at the POE or within given time
6. A friend pays a $600 at the POE
7. The officer gives a warning to him not to do that again and apply for re-entry permit if needed.
Click to expand...

The form I-193 may be filed with CBP at POE or Pre-Inspection or Pre-Clearance abroad.
 
You must log in or register to reply here.
Top