Please advice Stayed outside us for 18 months on green card without reentry permit

[ayamin]

Hello every one, Please helps if you can have any information or have gone through this.

Here is the situation.
A little background: I am us citizen and I applied for a fiancé visa for my wife about three years ago. She got fiancé visa and then came to us. I got married to her and applied for 485 and then she got her 2 year conditional green card. After the green card we went to Pakistan and had some family and medical problems and I had to leave her there. Since then I have tried to get her back but because of family issues she was not able to come. Now it has been 18 months. She doesn’t have a reentry permit since we had no idea that she was going to stay that long. Her green card is still valid and would expire on Feb 2, 2009. I send her to for a SB1 visa which is a visa that if you over stay on green card for more then 1 year you can apply for a SB1 Visa. They denied her application saying that it was not an extraordinary event (family problems). She still has the valid green and consulate returned her passport as well without writing anything on it. Embassy people told us to re apply but I don’t want to wait three or four more years. I would rather have her here and have immigration problems then living in Pakistan and waiting for three years. She has some documents on medical that she has medical problems and doctors told her not to travel.

If she would come she would be landing in Houston, TX

My question is:

1- If I tell her to get on a plane and come here then what would Immigration do. Would they detain her, deport her right away.

2- Would it be better if I go back and she comes with me?

3- If they say you have to go in front of a judge would they let her enter the us and stay here until the hearing or would they detain her and keep her in custody until she appears in front of judge.

4- Is there a better way of doing it?

5- Should she apply for a visitor visa?

6- Would it be better if I start over and how long will that take?

Your help will be greatly appreciated.

 

[woodenshoe101]

see bold

My question is:

1- If I tell her to get on a plane and come here then what would Immigration do. Would they detain her, deport her right away.she probably won't be let into the US, if she has been gone longer than 1 year without reentry permit, her resident status will likely deemed abandoned

2- Would it be better if I go back and she comes with me?likely the same issue as in 1)

3- If they say you have to go in front of a judge would they let her enter the us and stay here until the hearing or would they detain her and keep her in custody until she appears in front of judge.don't know about this

4- Is there a better way of doing it? you might need to restart the process doing consular processing, but I would consult with a capable lawyer on this as she still has a GC that is technically still valid

5- Should she apply for a visitor visa? how is she going to prove non-immigrant intent? she will likely be denied

6- Would it be better if I start over and how long will that take? see 3), consult with a lawyer, but my best guess would be to restart doing CP

Your help will be greatly appreciated.

 

[doctor1]

I would have her take the chance of getting on a plane and coming here and try to convince the officer or judge at POE about what caused the delay would have loads of paper work showing the medical emergency , but thats just me, you would be risking the airline ticket , but its better than waiting endlessly in pak and re doing the process you have already been though , even if there was a 1% chance that I would be allowed in the US with the existing GC , I would go for it ,good luck!!