1 Year return deadline

[Hapa77]

Anyone know is they waive the deadline requirement to be back in the states in one year because of the pandemic? The wife left early 2020 and she has not been back since. I read articles that its up to border control to let them back in

[Randy W]

She can get back in with a green card. The worst case is that she might be referred to immigrations court for possible hearings.

Have her ready to be able to answer any questions at the POE, and be equipped with any documentation to support her reasons for the over-stay.

 

[Randy W]

Green Card Holders Returning to the U.S. During COVID-19

from International Legal and Businesses Services Group

An LPR whose green card date is still valid could attempt to return to the U.S. anyway and assert at the port of entry that she has not abandoned permanent residence in the United States. Under INA § 211(b), the U.S. Customs and Border Protection (“CBP”) has the statutory authority to provide a waiver to a returning LPR who no longer has a valid green card document. It is imperative you have in hand documentary evidence that they have not abandoned permanent resident status. These documents would be similar to the ones submitted to the U.S. Consulate if you were to apply for SB-1 Visa. These documents need to demonstrate you have maintained residence, employment, or have family ties in the U.S.

Appearing in front of a CBP officer may be an anxiety-inducing situation when you have been absent from the U.S. for more than one year. First, keep in mind, as stated earlier, you cannot just “lose” your permanent resident status for being abroad. You have to officially abandon it by signing a Form (I-407), or the government (immigration judge) has to make a formal decision that takes it away from you. Second, CPB officers at the broader or port of entry do not have the power to revoke your permanent resident status. Thus, if you have not abandoned your permanent resident status and have documentation showing as such, and there is a disagreement with an officer, you are entitled to a formal hearing with an immigration judge. During this hearing, you may be represented by a lawyer.

Edited March 19, 2022 by Randy W (see edit history)

[newacct]

Hopefully, given her explanation and the pandemic situation, the immigration officer will just let her in (perhaps with a warning), and she wouldn't need to deal with I-407 or immigration court.

If the officer doesn't just let her in, the thing to watch out for is that they might try to pressure her into signing I-407 to voluntarily give up her permanent residency. The alternative is to be put into removal proceedings in immigration court, and that sounds scary to most people, so they might give in and sign I-407 instead. But she should really think of removal proceedings as a kind of "appeal" for the immigration officer's decision -- if the officer doesn't let her in, then she wants to be placed in removal proceedings because that provides her the opportunity to present her case a second time to an immigration judge, who may (and often do) rule in her favor. Plus she will be allowed to stay in the US in the meantime and can get a lawyer to represent her.

[Randy W]

Be sure that she is ready to present her case at the POE that she HASN'T abandoned her LPR status (and also the reasons for the overstay), and that she is ready to stand her ground about not surrendering her green card.

And, yes, talk to a LOCAL immigrations lawyer about what you might expect in immigrations court.

The alternative is to go ahead and  submit an I-407, and then start all over with a NEW I-130.

Edited March 24, 2022 by Randy W (see edit history)