My mother is a green card holder since 2007. She left the US in 2009 and did not return ever since. She wants to come back now for my wedding party, but she is afraid that they might send her back or not let her through. Will she face any problems coming back into the US by the immigration officers? she Went to visit family back home but she got sick and decided to stay there until she got better. Your answers will be very helpful. Thanks
After a year it’s revoked, she aint coming back..
return the green card using form I-407
then she can return to being a normal tourist and apply for a B-2
If you stay outside of the U.S. for one year or more and did not apply for a re-entry permit before you left, then you may be considered to have abandoned your permanent resident status and may be refused entry into the U.S. if you try to return.
You need to prove she was sick and she was adviced not to travel, since re-entry can’t be applied in US embassy. She had to stay.
You may be found to have abandoned your permanent resident status if you:
– Move to another country intending to live there permanently
– Remain outside of the United States for more than 1 year without obtaining a reentry permit or returning resident visa. However, in determining whether your status has been abandoned, any length of absence from the United States may be considered, even if less than 1 year
– Remain outside of the United States for more than 2 years after issuance of a reentry permit without obtaining a returning resident visa. However, in determining whether your status has been abandoned any length of absence from the United States may be considered, even if less than 1 year
– Fail to file income tax returns while living outside of the United States for any period
– Declare yourself a “nonimmigrant” on your tax returns
she’s probably right. and this may turn out to be a serious problem. she could file for a returning resident visa at the embassy back home. she’d have to convince the interviewing officer that she never intended to give up her resience in the US and that she remained outside the US for reasons beyond her control, which she would be expected to prove. won’t be cheap either, it’s a lot like filing for a new immigrant visa. or, she could take her chances and try to return, but, they would probably deny her entry.