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Daughter stayed out of US for too long

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My daughter has her green card, but for reasons that only made sense to her, left the US to go to Mexico in 2015. She came back for a few days 10 months later and

left again.  It has been 3 years and one month total time.  She did not fill out the Return document either time she left the US.  We told her this was wrong, but she listened to

her friends and not us.  Is there any chance she could come back?  She has no bank accounts no real proof of living in the US, and filed nothing on wages from Mexico

with the IRS.  I think her Green Card expires in 3 months.


Introduced by email from her friend April 8, 2005

First visit July 17, 2005 through July 24, 2005

Engaged July 19, 2005

Sent in I-129F August 5, 2005 to <!--WORD2URL-01--><!--END WORD2URL-01-->TSC<!--WORD2URL-02--><!--END WORD2URL-02-->

NOA1 received with a CSC address on I-797C form August 16,2005

NOA2 11/03/05

Approval received by Email 11/04/05

Snail Mail copy received 11/7/05

Letter recieved from the <!--WORD2URL-01--><!--END WORD2URL-01-->NVC<!--WORD2URL-02--><!--END WORD2URL-02--> November 17, 2005.

Manila received petition November 25, 2005

Visited Leonedesa January 2006.

Medical 3/30/06

Interview 4/6/06

Packet sent to her 2/13/06

Visited April 2006

We got the visa! 4/20/06

CFO done 4/26/06

May 12, 2006 SHE'S HERE

Married June 30, 2006

AOS sent 8/5/06

Biometrics 9/7/06

AOS Approval 10/19/06

Sent in I-751 Petition 7/23/08

NOA1+1 year extension 8/4/08

Biometrics 8/23/08

I-571 Petition Approved 4/27/09

Cards ordered 6/27/09

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Her residency at this point has been considered abandoned due to such a prolong absence. She will need an SB1 returning visa (which is highly unlikely to be issued based on the aforementioned facts) to be able to get back. 

 

Her other recourse is to attempt to get to get back to the U.S. where she will face two options. If very lucky based on her situation and which CBP officer handles her admission she could still be let in. Yes, it can still happen where people have lived out of the U.S. for a few years and successfully still being admitted after being questioned why they stayed so long. This isn’t a very common occurrence though just to be clear.

 

The other scenario is the CBP officer will parole her, take her greencard and book her to see an immigration judge in court to determine if she gets to keep her status or not. If all fails she will then need to be re-petitioned again. Since she lives In Mexico, it shouldn’t hurt her wallet that much to attempt to get in and try her luck.

Edited by Starkilla09

Adjustment of Status From F-1 Visa.

8/14/2014: Mailed AOS package: I-130, I-485, I-765.

8/18/2014: Accepted in Chicago. Transferred to Nebraska Service Center.

8/21/2014: Received NOA 1. I-130, I-485, I-765 in mail.

8/25/2014: Received biometrics in mail. Scheduled for 9/8/2014

9/8/2014: Went in for biometrics.

9/24/2014: EAD approved. 36 Days!

10/01/2014: EAD mailed.

10/03/2014: Received EAD card.

10/14/2014: I-485 moved to testing and interview.

1/28/2015: Interview scheduled for 3/4/2015.

1/31/2015: Received interview notice.

3/4/2015: Interview completed and APPROVED!

3/5/2015: Welcome notice mailed and I-130 Approved.

3/10/2015: Welcome notice and I-130 approval notice received.

3/12/2015: Green card mailed.

3/14/2015: Green card delivered.

 

Removal of Conditions: 

12/14/2016: Mailed I-751.

12/19/2016: NOA issued.

01/26/2017: Biometrics.

05/03/2018: I-751 transfered to NBC.

 

Naturalization:

12/02/2017: Mailed N 400 to Phoenix, AZ Lockbox. (I-751 still pending)

12/05/2017: Package delivered in Phoenix, AZ. Transferred to Harrisonburg Processing Center.

12/07/2017: Notice of action issued. (IOE)

12/26/2017: Biometrics.

 

 

 

 

 

 

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You can presumably sponsor her for an immigrant visa.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Looks like a I-130 form is the place to start.  At least  getting her from Mexico instead of the Philippines will have the benefit cheaper bus or air fairs.

I think she has learned her lesson; listen to her Mother and not her illegal friends.


Introduced by email from her friend April 8, 2005

First visit July 17, 2005 through July 24, 2005

Engaged July 19, 2005

Sent in I-129F August 5, 2005 to <!--WORD2URL-01--><!--END WORD2URL-01-->TSC<!--WORD2URL-02--><!--END WORD2URL-02-->

NOA1 received with a CSC address on I-797C form August 16,2005

NOA2 11/03/05

Approval received by Email 11/04/05

Snail Mail copy received 11/7/05

Letter recieved from the <!--WORD2URL-01--><!--END WORD2URL-01-->NVC<!--WORD2URL-02--><!--END WORD2URL-02--> November 17, 2005.

Manila received petition November 25, 2005

Visited Leonedesa January 2006.

Medical 3/30/06

Interview 4/6/06

Packet sent to her 2/13/06

Visited April 2006

We got the visa! 4/20/06

CFO done 4/26/06

May 12, 2006 SHE'S HERE

Married June 30, 2006

AOS sent 8/5/06

Biometrics 9/7/06

AOS Approval 10/19/06

Sent in I-751 Petition 7/23/08

NOA1+1 year extension 8/4/08

Biometrics 8/23/08

I-571 Petition Approved 4/27/09

Cards ordered 6/27/09

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