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Gc holder overstayed in philippines and is there for 13 months

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My mom has been in the philippines since sept 2013. She is now planning to go back here. In july 2014 she got hispitalized and advised by her doctor not to travel yet and wait until she is fully recovered. Hence the reason she wasnot able to go back immediately.

My question is, should i buy her ticket already and have her come back already? Or do we have to consult attorneys? I know she will be questioned by immigration officers but will she be able to enter US? Or will she be sent back to philippines?

Thank you!

Feb 28, 2006 - I-130 Sent to USCIS

March 7, 2006 - NOA1

May 31, 2006 - NOA2

June 8, 2006 - NVC Assign Case Number

June 19, 2006 - NVC Sent DS3032 & AOS Fee Bill

June 30, 2006 - AOS Bill Sent

July 4, 2006 - DS3032 Sent to NVC

July 17, 2006 - IV Bill Recieved

July 21, 2006 - Form I-864 Recieved

July 24, 2006 - IV Bill Sent to NVC

August 28, 2006 - DS230 & I-864 sent to NVC

September 25, 2006 - CASE COMPLETE

January 30, 2007 - INTERVIEW!!!!!

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Was it her 2-yr GC or 10-yr GC? If 2-yr GC she should probably contact the US embassy first before making the trip back to the US and run the risk of having her GC confiscated and denied entry into the US. Best of luck!

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If she has been outside the US for a year then there is a presumption in law that she has abandoned her residency. She would likely be issued with a Notice To Appear in immigration court by CBP if she attempted entry, where CBP would ask the judge to revoke her green card (if she refused to do so voluntarily).

If she has extremely strong proof that it was her original intention to return to the US in a timely manner and that factors beyond her control prevented her from doing so then an SB-1 returning resident visa is a possibility.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here



Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card



Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

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SB-1 with all medical proofs


12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

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Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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