Green card holder staying outside of US for over a year

[RubyA]

Hi,

 

My mom is a greencard holder. It will be one year staying in China in July, no re-entry has applied.

Will she be able to return to US in September? She will be outside US for 14 months?

 

She's taking care of my grandfather in China.

 

Thanks,

Ruby

[Randy W]

see https://immigrationworkvisa.wordpress.com/2017/01/24/green-card-holders-who-stay-out-of-u-s-at-risk/

 

I've updated a couple of links here which are broken in the article -

What Are My Options If I Have Been Outside the USA for More Than 1 Year?

If it is unavoidable for an LPR to return to the USA before being abroad for 365 days, there are 2 options.

The first option is to try to apply for an SB-1 RETURNING RESIDENT VISA at a U.S. Consulate to try to preserve their green card status. The Consular Officers abroad will make the decision whether (a) you have been outside the USA for reasons beyond your control and for which you were not responsible; AND (b) whether you have enough evidence of “intent to return to unrelinquished USA residence” and “continued US residence.” The rules for an SB-1 Returning Resident Visa are contained in the Foreign Affairs Manual.

The Consular Officers are very strict when applying the rules.

The second option is to surrender your green card formally at a U.S. Consulate and apply for either a tourist visa or another green card.

 

 

 

 

see Returning Resident Visas

 

Step 1 - Qualifying for Returning Resident Status

Under provisions of immigration law, to qualify for returning resident status, you will need to prove to the Consular Officer that you:

• Had the status of a lawful permanent resident at the time of departure from the United States;
• Departed from the United States with the intention of returning and have not abandoned this intention; and
• Are returning to the United States from a temporary visit abroad and, if the stay abroad was protracted, this was caused by reasons beyond your control and for which you were not responsible.

 

Doesn't look like the SB-1 will work, but you can ask at the consulate IF you can "prove that the long time away outside the US was unavoidable, unplanned and outside the traveler's control" - https://fam.state.gov/fam/09FAM/09FAM050207.html#M502_7_2

 

c. Special Cases Qualifying for Returning Resident Status:

(1) Former U.S. Citizen: . . .

(2) Alien Employed Abroad by U.S. Employer: . . .

(3) Religious Missionaries Abroad: . . .

(4) LPR Students Studying Abroad: . . .

(5) Beneficiary of Private Law: . . .

(6) Continuity of Residency - Applying INA 316 and INA 317: . . .

 

 

The second option is to surrender your green card formally at a U.S. Consulate and apply for either a tourist visa or another green card.

Edited June 27, 2019 by Randy W (see edit history)

[Randy W]

There's also this to contend with (the I-407 is needed to "voluntarily record abandonment of their lawful permanent resident (LPR) status" before applying for another visa.

USCIS Will No Longer Accept I-407 at International Field Offices

Beginning July 1, USCIS will no longer accept Form I-407, Record of Abandonment of Lawful Permanent Resident Status at international field offices by mail or in person.

Individuals who wish to voluntarily record abandonment of their lawful permanent resident (LPR) status must submit Form I-407 via mail to:

USCIS Eastern Forms Center

Attn: I-407 unit

124 Leroy Road

PO Box 567

Williston, VT 05495

We anticipate that processing times at the Eastern Forms Center, from receipt to completion, will be within 60 days, which does not include mailing time to or from outside of the United States.

In very rare circumstances, a U.S. embassy, U.S. consulate, or USCIS international field office may accept a Form I-407 in person if an individual needs immediate proof that they have abandoned LPR status.

 

 

I would think the Guangzhou USCIS office would still accept these, but you will need to ask.

[newacct]

Another option is to simply travel to the US on the unexpired green card, and seek entry as normal. Although technically a green card is a valid document for re-entry only after an absence of less than 1 year, and she doesn't have any of the other documents immigrants can use to enter, the officer has the power to waive the documentary requirement and admit her as a permanent resident anyway, if they determine that she has not abandoned residency. And they will often let her in in such a circumstance, especially if it's her first time and she wasn't out for too much longer than 1 year. In the unlikely case that they do not want to let her in, they could pressure her into signing I-407 to voluntarily surrender her permanent residency. She could refuse, in which case they would temporarily let her in and give her a Notice to Appear for removal proceedings in immigration court, where she could try to convince the immigration judge that she did not abandon residency. Only an immigration judge in immigration court has the power to definitively revoke her permanent residency, not the immigration officer at entry.

[Randy W]

Someone who did exactly that - LPR; Green Card; Expired I-551; Outside US 3 years Reentry

 

http://candleforlove.com/forums/topic/48145-lpr;-green-card;-expired-i-551;-outside-us-3-years-reentry/

[RubyA]

Thank you guys!! It will be exact 1 year on the 24th of July.

Will it help if she re-enter the US before then?

[Randy W]

Thank you guys!! It will be exact 1 year on the 24th of July.

Will it help if she re-enter the US before then?

 

 

Consider that a deadline