Permanent Resident without green card outside the country, is there a way to get back in?

[APetitioner 0]

My father was granted permanent residency in 2016 and came in the country in March 2017,  where his passport was stamped for re-entry for up to a year. 

He hadn't yet received his actual Green card when he flew out of the country late last year and we were hoping to get him back in before the year was up, but couldn't due to illness. 

 

Is there another way for a permanent resident to show their residency other than with the green card? Can he go to the local embassy to get his stamp renewed?

 

Thanks 

[Bfree3 132]

The stamp my husband got in his passport before coming to the US was only valid for 6 months. Are you sure your fathers was valid for a year? 

LPR staying abroad for longer than 6 months risk abandonment of their green card. 

If I were you, I'd contact the embassy or USCIS to see what can be done. 

Did you guys ever inquire about where his green card may be? If you can get it, maybe someone can travel to take it to him.

[Gorkhali 214]

staying out of US for more than 1 year means you abandoned LPR status. Getting SB1is very tough. Being ill and not being able to return won't fly with the embassy for SB1 interview.

 

Solution: Process the immigrant visa again

[payxibka 10,045]

1 hour ago, Gorkhali said:

staying out of US for more than 1 year means you abandoned LPR status. Getting SB1is very tough. Being ill and not being able to return won't fly with the embassy for SB1 interview.

 

Solution: Process the immigrant visa again

Not being able to return due to circumstances outside the resident's control is exactly what is required to be eligible for SB-1.  One would think illness is outside of one's control

[APetitioner 0]

Thanks for the responses, just wanted to point out that he hasn't been out of the country for a year at this point (he left in September)

 

What exactly is SB-1?

 

Edit: I just googled it. So basically this is our only option at this point? Just want to be sure before I start the process

Edited March 31, 2018 by APetitioner

[Gorkhali 214]

54 minutes ago, payxibka said:

Not being able to return due to circumstances outside the resident's control is exactly what is required to be eligible for SB-1.  One would think illness is outside of one's control

we could argue on that but well what kind of health problems was causing a delay? was it just something normal or was it serious? If so then why did the LPR not choose to get it treated in the USA? See there are tons of worms that will open up. Did the LPR document the details? can he prove that

 

yes, SB1 is the fastest option. But getting one is little tough. Not impossible. 

 

But again none of us work at the consulate. We are sharing advice from what we learnt here. Good luck OP

25 minutes ago, APetitioner said:

Thanks for the responses, just wanted to point out that he hasn't been out of the country for a year at this point (he left in September)

 

What exactly is SB-1?

 

Edit: I just googled it. So basically this is our only option at this point? Just want to be sure before I start the process

http://www.ustraveldocs.com/no/no-iv-sbivisas.asp

[aleful 1,905]

did he or someone actually pay for the card? if he was stamped in March 2017 and he left in Sept of last year and the card never came, something happened

 

or did he receive the card in the mail, if so, then send it to him so he can return

 

 

 

[geowrian 22,337]

The endorsed visa (obtained at POE when entering on the immigrant visa) acts as a green card for 1 year.

 

Since he hasn't stayed outside the US for a year yet, he should attempt to return before that occurs. After a year, he is presumed to have abandoned residency, which is not easy to overcome. An SB-1 or new immigrant visa would be the path forward, which is lengthy and expensive versus just using the existing green card.

 

The first thing I would say is to just show his endorsed visa and try to fly to the US on that. That is permitted, and would be the simplest option. He should also carry any ties he established and maintained in the US prior to his departure, along with evidence of why he as unable to return to the US sooner (i.e. medical documentation).

 

If the carrier won't accept that for boarding for whatever reason (they should!), then another option is to obtain a boarding foil from the US embassy/consulate in the country where is he currently located.

[Nitas_man 3,100]

4 hours ago, Gorkhali said:

staying out of US for more than 1 year means you abandoned LPR status. Getting SB1is very tough. Being ill and not being able to return won't fly with the embassy for SB1 interview.

 

Solution: Process the immigrant visa again

Medical reasons qualify for SB-1 consideration and staying out of the US does not necessarily mean you abandoned status.

 

5 hours ago, APetitioner said:

My father was granted permanent residency in 2016 and came in the country in March 2017,  where his passport was stamped for re-entry for up to a year. 

He hadn't yet received his actual Green card when he flew out of the country late last year and we were hoping to get him back in before the year was up, but couldn't due to illness. 

 

Is there another way for a permanent resident to show their residency other than with the green card? Can he go to the local embassy to get his stamp renewed?

 

Thanks 

You never explained what happened to his green card.  Did it come in or not?  It should have been received within a few weeks of arrival back in March, 2017.  Has anyone checked on it?  Has he checked on it?  Did he ever pay that new green card fee?

 

If he flew out late 2017 he's in good shape.  No chance he has abandoned status.  He needs to contact the nearest embassy/consulate soonest however.

Edited March 31, 2018 by Nitas_man

[Jawaree 718]

He should go to his Embassy carry documented proof why he was out so long, its not yet 2 yrs they will

speak to such a person on a case by case basis....valid solid reason could be in his favor....An email  to

the Embassy for an appointment should get him a response....if all fails he can be re-petitioned (will take 

some time)

[SusieQQQ 11,586]

9 hours ago, Bfree3 said:

The stamp my husband got in his passport before coming to the US was only valid for 6 months. Are you sure your fathers was valid for a year? 

LPR staying abroad for longer than 6 months risk abandonment of their green card. 

 

You’re confusing the immigration visa itself with the endorsement stamp (temporary I551) that you get on entry. Also it’s 12 months not 6 that is abandonment of green card.

 

7 hours ago, APetitioner said:

Thanks for the responses, just wanted to point out that he hasn't been out of the country for a year at this point (he left in September)

 

What exactly is SB-1?

 

Edit: I just googled it. So basically this is our only option at this point? Just want to be sure before I start the process

If he’s been out less than a year he’s fine to come back in, but not on the endorsed visa stamp because that expired a year after stamping. He needs to go to the embassy/consulate and get a new I551 stamp or boarding foil or whatever it is embassies issue to LPRs not in possession of a plastic green card.

 

and as others have said, you need to follow up on the missing green card. If you do actually have it, just fedex it to him, easiest solution.

Edited April 1, 2018 by SusieQQQ

[Boiler 45,659]

6 hours ago, aleful said:

did he or someone actually pay for the card? if he was stamped in March 2017 and he left in Sept of last year and the card never came, something happened

 

or did he receive the card in the mail, if so, then send it to him so he can return

 

 

 

this

[js030802 6]

10 hours ago, APetitioner said:

My father was granted permanent residency in 2016 and came in the country in March 2017,  where his passport was stamped for re-entry for up to a year. 

He hadn't yet received his actual Green card when he flew out of the country late last year and we were hoping to get him back in before the year was up, but couldn't due to illness. 

 

Is there another way for a permanent resident to show their residency other than with the green card? Can he go to the local embassy to get his stamp renewed?

 

Thanks 

did he ever get his green card? since it's been a year since he came in. if he got his green card, can anybody in the family go and pick him up and take his green card. since it's been less than one year since he left the US then he should be able to come back in without issues. 

[APetitioner 0]

Thanks again for all the responses.

 

Yes I paid for the card in May, but it never showed up....I was hoping it would come after he left and mail it to him. However, I received a letter from USCIS a few weeks ago saying they lost his package and he needed to come in for an appointment at one of the local offices (I guess they have to re-fingerprint him or something). So basically we know the card isn't coming at this point. 

 

I will start the process of contacting the embassy to get him the documents required to get back in, once here we will make an appointment to get his green card issued.