Green Card

[Timewarpone 0]

My mother-in-law has a valid green card which does not expire for another 6 years. She went home on vacation outside the USA for longer than 6 months. She did not file for a reentry permit before she left (Form I-131). Form I-131 is required to be filed before you leave the country and cost $660 USD and is only good for up to 1 year of travel outside the USA. The reason she stayed longer was so she could help her daughter who has health issues. My question is do we have to file form I-130 Petition for alien relative all over again? Will it be accepted a second time? or automatically declined? There is no information about this on the USCIS web site and there is no phone option to speak to anyone unless you have a receipt number which can only be obtained after you file the petition a second time. It costs over $500 fee but will it be refunded if the form is declined? Thanks

[Londonergirl 133]

How long was she out of United states?

[marriedtomrg 141]

You only need a reentry permit if you know you will be outside of the US for more than 1 year.

 

She should be good to return.  Here is an article on the subject from USCIS: https://www.uscis.gov/sites/default/files/USCIS/Resources/B5en.pdf

[Cyberfx1024 7,980]

6 minutes ago, Timewarpone said:

My mother-in-law has a valid green card which does not expire for another 6 years. She went home on vacation outside the USA for longer than 6 months. She did not file for a reentry permit before she left (Form I-131). Form I-131 is required to be filed before you leave the country and cost $660 USD and is only good for up to 1 year of travel outside the USA. The reason she stayed longer was so she could help her daughter who has health issues. My question is do we have to file form I-130 Petition for alien relative all over again? Will it be accepted a second time? or automatically declined? There is no information about this on the USCIS web site and there is no phone option to speak to anyone unless you have a receipt number which can only be obtained after you file the petition a second time. It costs over $500 fee but will it be refunded if the form is declined? Thanks

How long has she been out of the country so far?

[nightingalejules 678]

If she hasn't been gone for more than a year, she will probably be called into secondary, but she should be able to explain that she didn't intend to abandon her green card - rather she intended a shorter visit and then, as you say, needed to stay longer due to her daughter's health issues... they will almost certainly be allowed to re-enter and retain her status. 

The USCIS never refunds any money so don't reapply unless she is actually denied entry. Which almost certainly won't happen, as long as she is still within a year of absence.

[Timewarpone 0]

She has been out of the country for less than 7 months. If we buy her an airline ticket to return in less than a year will immigration reject her entry into the country and send her back on the next flight? What about the fee not paid for the re-entry form I-131? The form includes Biometric finger printing

Edited February 26, 2018 by Timewarpone
Adding info

[mindthegap 2,590]

Do not file anything.

 

She should be fine - a daughters health problems is a perfectly valid reason for an unforseen extended stay out of the US taking it just over six months.

She may encounter some rudeness, a reminder of the requirements to maintain residence, or maybe even a visit to secondary if they really want to be donkeys about it, but she should be allowed in.

Regardless, if she did encounter any issues, as a person claiming to be a lawful permanent resident she would have the right to a hearing with an immigration judge - which is very unlikely to happen for a stay of only just over six months. 

 

Just remind her that under no circumstances should she sign an I-407

 

 

 

Edited February 26, 2018 by mindthegap

[car0593 42]

nothing will happen just Basic questions about her trip as long as its under 1 year..... She might even be lucky and no questions get asked.

[Timewarpone 0]

My mother-in-law has an alien registration card good for 10 years is this the same as a Lawful Permanent Resident? Thanks

[mindthegap 2,590]

Yes.