Returning to US after 7 years of receiving GC

[Siraj777]

Hi,

I have employment based green card for me and family. My wife and daughter left US in Apr, 2015. We received the physical GC in May, 2015.
Wife and daughtet staying in India for last 6 years and planning to return to US in Apr, 2022. What are the challenges we could see at Port of Entry and what are my next steps.

a) I am staying in US continuously from 2015
b) Do I need to apply SB-1 visa
c) Can they enter without SB-1 visa

Please share your thoughts.

Thanks.

 

[Sm1smom]

Wait, do you mean they departed from the US in April 2015 before AOS approval in May 2015? If that is the case the GC is not even valid as a matter of fact. They’re presumed to have abandoned their AOS applications, the GC got issued in error.

If you mean the AOS applications had already been approved before they left in April, well the fact that they’ve been away for 7 years since the approval also presume they’ve abandoned their LPR status. I doubt they’ll be able to return to the US using the GC, so you should look into applying for SB-1 visas for them.