sister out of the US for 15 months

[raven52 233]

I do not think she will be back in the USA, for a long time.

She knew what she was doing, and must now pay for her mis-judgement.

I wish no one a situation, but I am sure she knew she stayed out of the USA too long.

I hope she finds something at the US Embassy, that will help her, I just think it is a small chance.

[JimmyHou 610]

a re-entry permit has to be applied for from the US before leaving. If you don't know and answer, don't guess. After 12 months of continuous living outside the US the green card was abandoned.

USCIS must initiate proceedings to have your green card revoked.

There's no such thing as automatic abandonment of a green card. Being outside the US for 15 months makes USCIS's case a strong one, but the person in question is still a permanent resident at this time.

The 12 month mark is the automatic point at which continuous residence is broken for naturalization purposes, although that can be broken for trips under 12 or even 6 months as well.

There's certainly a chance that CBP will stop her at the point of entry for questioning.

Here's what USCIS says:

Abandoning Permanent Resident Status

You may also lose your permanent resident status by intentionally abandoning it. You may be found to have abandoned your status if you:

• Move to another country, intending to live there permanently.
• Remain outside of the United States for an extended period of time, unless you intended this to be a temporary absence, as shown by:
  • The reason for your trip;
  • How long you intended to be absent from the United States;
  • Any other circumstances of your absence; and
  • Any events that may have prolonged your absence.
  • Note: Obtaining a re-entry permit from USCIS before you leave, or a returning resident visa (SB-1) from a U.S. consulate while abroad, may assist you in showing that you intended only a temporary absence.
• Fail to file income tax returns while living outside of the United States for any period.
• Declare yourself a “nonimmigrant” on your U.S. tax returns.

[Hypnos 6,576]

8 CFR 211.1(a)

Except as provided in paragraph (b)(1) of this section, each arriving alien applying for admission (or boarding the vessel or aircraft on which he or she arrives) into the United States for lawful permanent residence, or as a lawful permanent resident returning to an unrelinquished lawful permanent residence in the United States, shall present one of the following:

(2) A valid, unexpired Form I-551, Permanent Resident Card, if seeking readmission after a temporary absence of less than 1 year, or in the case of a crewmember regularly serving on board a vessel or aircraft of United States registry seeking readmission after any temporary absence connected with his or her duties as a crewman;

There is also this:

(b) Waivers.

(3) If an immigrant alien returning to an unrelinquished lawful permanent residence in the United States after a temporary absence abroad believes that good cause exists for his or her failure to present an unexpired immigrant visa, permanent resident card, or reentry permit, the alien may file an application for a waiver of this requirement with the DHS officer with jurisdiction over the port of entry where the alien arrives. To apply for this waiver, the alien must file the designated form with the fee prescribed in 8 CFR 103.7(b)(1). If the alien's permanent resident card was lost or stolen and the alien has been absent for less than one year, rather than the waiver application the alien must apply for a replacement card as described in 8 CFR 264.5. In the exercise of discretion, the DHS officer who has jurisdiction over the port of entry where the alien arrives may waive the alien's lack of an immigrant visa, permanent resident card, or reentry permit and admit the alien as a returning resident if DHS is satisfied that the alien has established good cause for the alien's failure to present an immigrant visa, permanent resident card, or reentry permit. Filing a request to replace a lost or stolen card will serve as both application for replacement and as application for waiver of passport and visa, without the obligation to file a separate waiver application.

OP's sister's reasons would not seem to indicate "good cause". If she tried to enter on her green card I think it's very likely CBP would ask her to voluntarily surrender her green card, and if she refused would then issue her a Notice To Appear before an immigration judge where they would ask the court to revoke her green card due to abandonment.

At the end of the day there's certainly nothing stopping her from trying, but she should go in understanding that this is a long shot.

Edited April 16, 2015 by Hypnos

[Boiler 43,397]

OP's sister's reasons would not seem to indicate "good cause". If she tried to enter on her green card I think it's very likely CBP would ask her to voluntarily surrender her green card, and if she refused would then issue her a Notice To Appear before an immigration judge where they would ask the court to revoke her green card due to abandonment.

At the end of the day there's certainly nothing stopping her from trying, but she should go in understanding that this is a long shot.

I agree the above is probable but not inevitable.

But then what happens, to even get in front of an IJ takes 3 or 4 years.

And the process goes on from there.

Just find it difficult to believe in x years that they are going to go to the trouble to waste resources taking it all the way when they can not cope with all the illegals.

Plus she might have other forms of relief available anyway by then.

[Hypnos 6,576]

Rolling the dice is absolutely her prerogative.

[Boiler 43,397]

No real downside.

[proudate 0]

can our dad petition her again?

[Boiler 43,397]

Yes, but obviously will take time.