Green Card holder returning to the US

[Crazy Cat 39,263]

and she will need to be interviewed for both her application for returning resident status, and usually later for the immigrant visa. An SB-1 applicant is required to establish eligibility for an immigrant visa and have a medical examination. Therefore, this involves paying both visa processing fees and medical fees.

[mv2011 1]

1 hour ago, Going through said:

I'm guessing the GC was initially gained through an ex-spouse.

no thru our mom and she is a US citizen 

[Boiler 43,445]

Well if the worst comes to the worst her Mother can petition her again.

[mv2011 1]

10 minutes ago, Going through said:

Just a note along with this---OP, if your sister is going to apply for this, she must also prove that the 3 years she spent physically residing out of the USA was out of her control.

she moved in with the father of her 2 kids never married now she out of this situation and pretty much has no family back in DR, we are all in the US 

don't know if she can argue that she couldn't return since kids in school and was with someone ( bit on the domestic violence , he never wanted her to come to US)

 

 

[Roel 7,191]

It's almost 100% that she'll be denied entry. Have her officialy give up her green card (which is just a piece of plastic by now) and her mother start the family visa process.

[Going through 5,668]

8 minutes ago, mv2011 said:

she moved in with the father of her 2 kids never married now she out of this situation and pretty much has no family back in DR, we are all in the US 

don't know if she can argue that she couldn't return since kids in school and was with someone ( bit on the domestic violence , he never wanted her to come to US)

 

 

She chose after being a LPR to move and live with the father of her 2 kids in DR...that wasn't "out of her control" since it was her choice to leave the US and live in DR, abandoning her green card status.  There are plenty of elementary schools in the US, and wouldn't have been any issues in enrolling them since they are US citizens, so that isn't "out of her control" either as far as a SB1 application would deem.

 

The domestic violence MIGHT be a cause for "out of control" except it would depend on whether charges were ever filed, if she was actually threatened with physical violence, etc.  But it seems from what you've already said, she clearly intended to set up residence in DR before any of that ever happened.  

 

Her only option now would be for the US citizen mother to petition for her again.

Edited August 11, 2017 by Going through

[mindthegap 2,521]

The officer at the POE may well confiscate the card, but the card card is only proof of status, and not the status itself.

An officer at a POE cannot strip someone of their permanent resident status, only an immigration judge can, and she has the right to a hearing - regardless of whether it appears that she has been deemed to have abandoned her status.

 

 Also strongly suggest that that she not sign form I-407 if pressured to do so, and to take some qualified legal advice before travel.

 

 

Edited August 11, 2017 by mindthegap

[Michael2017 368]

Lot of wrong answers here. As a green card holder she CAN NOT be denied at border by CBP!

She will get into the USA and an immigration judge will  decide this at court.

 

My advice:

1. File taxes for past years

2. Prepare all documents stating why she was abroad and did intent to return. 

3. Hire a lawyer who will oversee all she does

4. Fly to USA, and if CBP does not like the evidence, go to court with a good lawyer.

 

CBP CAN NOT DENY ENTRY TO A GREEN CARD HOLDER FOR THE REASON OF STAYING ABROAD TOO LONG

THEY CAN ONLY REFER YOU TO A JUDGE

 

Filing anything in this case (Returning resident status) at embassy is very risky as this will lead 99% to rejection.

Edited August 11, 2017 by Michael2017

[Crazy Cat 39,263]

23 minutes ago, Michael2017 said:

Lot of wrong answers here. As a green card holder she CAN NOT be denied at border by CBP!

She will get into the USA and an immigration judge will  decide this at court.

 

My advice:

1. File taxes for past years

2. Prepare all documents stating why she was abroad and did intent to return. 

3. Hire a lawyer who will oversee all she does

4. Fly to USA, and if CBP does not like the evidence, go to court with a good lawyer.

 

CBP CAN NOT DENY ENTRY TO A GREEN CARD HOLDER FOR THE REASON OF STAYING ABROAD TOO LONG

THEY CAN ONLY REFER YOU TO A JUDGE

 

Filing anything in this case (Returning resident status) at embassy is very risky as this will lead 99% to rejection.

"If you intend to stay outside the U.S. for 1 year or more, you must apply for a re-entry permit with the U.S. Citizenship and Immigration Service (USCIS) prior to leaving the U.S. Re-entry permits are generally valid for 2 years from the date of issuance.Therefore, if you are outside of the U.S. longer than the date the permit was issued, you may be denied entry into the U.S."- per the official web site

[Michael2017 368]

Just now, missileman said:

"If you intend to stay outside the U.S. for 1 year or more, you must apply for a re-entry permit with the U.S. Citizenship and Immigration Service (USCIS) prior to leaving the U.S. Re-entry permits are generally valid for 2 years from the date of issuance.Therefore, if you are outside of the U.S. longer than the date the permit was issued, you may be denied entry into the U.S."- per the official web site

Yes, by a judge after a court case, not at the airport!

[Crazy Cat 39,263]

3 minutes ago, Michael2017 said:

Yes, by a judge after a court case, not at the airport!

Are you saying that if you abandon your perm residence, you are still a green card holder?

[Boiler 43,445]

8 minutes ago, missileman said:

"If you intend to stay outside the U.S. for 1 year or more, you must apply for a re-entry permit with the U.S. Citizenship and Immigration Service (USCIS) prior to leaving the U.S. Re-entry permits are generally valid for 2 years from the date of issuance.Therefore, if you are outside of the U.S. longer than the date the permit was issued, you may be denied entry into the U.S."- per the official web site

PoE may deny you entry, then what happens:

 

You leave

 

You are paroled pending an appearance before an IJ

 

They parole you pending appearance in front of an IJ

3 minutes ago, missileman said:

Are you saying that if you abandon your perm residence, you are still a green card holder?

Nobody has said that.

[Michael2017 368]

9 minutes ago, missileman said:

Are you saying that if you abandon your perm residence, you are still a green card holder?

No. What I am (and the law) is saying, that only a judge can final determine that a LPR has abandon his residency not the CBP at the POE.

Anyhow OP needs a lawyer so I will stop pushing further here with my opinion as it will not help.  

Edited August 11, 2017 by Michael2017

[Crazy Cat 39,263]

5 minutes ago, Michael2017 said:

No. What I am (and the law) is saying, that only a judge can final determine that a LPR has abandon his residency not the CBP at the POE.

Anyhow OP needs a lawyer so I will stop pushing further here with my opinion as it will not help.  

Oh, OK.  That makes sense...Thanks for explaining.

[Boiler 43,445]

13 minutes ago, Boiler said:

PoE may deny you entry, then what happens:

 

You leave

 

You are paroled pending an appearance before an IJ

 

They hold you pending appearance in front of an IJ

 

Oops typing too fast