Will they let my mom back in?

N

NeedHalp

New Member
Please help me with some advice. My mom left for India last year to take care of some family issues and due to some circumstances she couldn't control, she has overstayed. She intended to leave for 1 month initially but has now been there for 14months.

Right now, she has a flight booked to come back to the States next week on Saturday. I realized she didn't do any of her due diligence and is coming without applying for any re-entry permits, etc. At this point it's too late to apply but I was wondering what will happen when she gets to the states? She's the last member of the family there and my dad and all my siblings are here, so obviously she has all family ties and home here. Is there any chance they'll let her back in?

Please advise. Thanks a lot.
 
Technically she is not eligible to enter the US on her GC anymore. She can take the risk of coming and BEING HONEST at the port of entry IF THEY ASK how long she has been out for (she must NOT volunteer that information). It's a big risk. If they ask her how long she was out for, and since she will say 14 months (she can say about a year), they may scrutinise her at secondary inspection. She should have proof of why she was out for so long.

The other route is applying for a returning resident visa (SB1) at a US consulate before going to the US. Her trip will have to be delayed, and she will have to show proof that she stayed out for so long due to unforeseen or difficult circumstances, and the visa is not guaranteed.
 
If they know she's been gone for 14 months, they probably won't let her back in free and clear without an SB-1 visa. Either they'll refuse entry, or they'll let her in with an order to see an immigration judge, who will 90% surely cancel the green card because she's been gone for 14 months.

If asked about the length of her absence, she should not lie and say she was gone for less time. They record what she says in the system, and it would result in a permanent ban from the US if they find out the truth in the future.

Are you a US citizen who is at least 21? If yes, you can sponsor her for another green card if they refuse entry or the judge cancels her green card.
 
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