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Parents stayed outside USA 2+ years, what happens at re-entry? (split and merge)

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Posted (edited)

If you overstayed abroad for more than 2 years, my parents stayed out for 26 months without a recently permit,  can you be returned as inadmissible at the port of entry or denied boarding a us bound flight or will a judge have to see you in the USA before your permit could be revoked?

Edited by Penguin_ie

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If you overstayed abroad for more than 2 years, my parents stayed out for 26 months without a reentry permit,  can you be returned as inadmissible at the port of entry or denied boarding a us bound flight or will a judge have to see you in the USA before your permit could be revoked?

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Yeah 1 year might be somewhat forgiven. 2 years means they abandoned their status. I dont think they would even be allowed on a plane. 


K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

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So what was their excuse for being away so long? 

 

Imo at this point you need to petion your parents again, from the start. 


K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

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Looks like that you have to set up a new petition for your parents again.


AOS timeline

02/21/17 Sent AOS, EAD and AP to the USCIS Lockbox Facility in Chicago via UPS

02/24/17 USCIS received the application

03/14/17 Check was cashed

03/15/17 received NOA1s as text messages and emails( notice date is 03/13/17)

03/21/17 NOA1 hardcopies received in the mail

03/30/17 Biometrics Appointment letter received in the mail

04/11/17 Biometrics appointment

05/07/17 Day 75 -> called USCIS about my EAD/AP status: service request was made; my I-485 is still in the normal time frame

06/01/17 Day 100 since sending AOS to USCIS Chicago Lockbox

06/08/17 Day 107 -> new EAD status: New Card Is Being Produced( No RFE or RFIE)

06/12/17 Received NOA2 Approval Notice for EAD and AP in the mail

06/13/17 New EAD status: Card Was Mailed To Me

06/17/17 Day 116 -> Received EAD/AP combo card in the mail

10/18/17 Day 240 -> Green Card is being produced (no interview)

10/20/17 Day 242 -> Card Was Mailed To Me; Welcome To the United States-letter  was in the mail

10/25/17 Day 247 -> USPS couldn't deliver Green Card due to insufficient address; the mailman was too lazy to leave the letter on the porch

11/14/17  Day 267 -> Appointment at the USCIS Atlanta Field Office to request that USCIS resent my Green Card

11/15/17 Day 268 ->  Called USCIS and talked to an Tier 2 Immigration Officer: My Green Card will be resend to me

12/11/17 Day 294 -> Received a letter from USCIS saying that my Green Card will be resend within the next 30 days

01/09/18 Day 323 -> Filed a paperwork called DHS-7001 in order to talk to a USCIS Ombudsman about USCIS resending my Green Card

03/23/18                 -> My Green Card got finally delivered! :)

07/19/19                  -> WINDOW FOR ROC OPENS

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****** one post split from another member's thread and one thread in the wrong forum merged here.  PLease do not post questions about your own case in another member's thread and do not post more than once on an issue. *******


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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It seems there are a couple of choices.  Assuming they have 10 year GCs and are still valid, I don't think there will be any issues at boarding (I don't think the airline has access to records of how long an LPR has been outside the US), but there could be issues at CBP, however, CBP cannot revoke LPR status, only an Immigration Judge can do that, so the options are attempting to travel to the US (assuming the GCs are valid) and if CBP gives them an issue, risk detention awaiting a court hearing which will most likely require the advice of an experienced lawyer, or have them abandon the GCs voluntarily (I407 I think) at the local consulate and refile again. 

 

Good Luck!


Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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1 hour ago, Bill & Katya said:

It seems there are a couple of choices.  Assuming they have 10 year GCs and are still valid, I don't think there will be any issues at boarding (I don't think the airline has access to records of how long an LPR has been outside the US), but there could be issues at CBP, however, CBP cannot revoke LPR status, only an Immigration Judge can do that, so the options are attempting to travel to the US (assuming the GCs are valid) and if CBP gives them an issue, risk detention awaiting a court hearing which will most likely require the advice of an experienced lawyer, or have them abandon the GCs voluntarily (I407 I think) at the local consulate and refile again. 

 

Good Luck!

A few foreign Exit immigrations are paying closer attention to time outside the US on a green card. I've seen a handful of posts on various forums. Perhaps part of collaboration with the US? There is a remote chance someone out for 26 months may not be allowed to board without additional scrutiny. 


I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

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Posted (edited)

Another option, SB-1 Visa if the circumstances that kept them from returning were beyond their control.

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/returning-resident.html

Edited by Bill & Katya

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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6 hours ago, Roel said:

Yeah 1 year might be somewhat forgiven. 2 years means they abandoned their status. I dont think they would even be allowed on a plane. 

I think you are giving too much credit to airline employees to do that.   They will see a valid green card and print the boarding pass


YMMV

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