Returning Resident Visa (SB-1) for Greencard holders >12 months out of US? [merged threads]

[jeff27 2]

Hello,

My wife just received her New Green Card (the previous Green card had the wrong number so she was issued a new Green card that doesn't expire until August 2021).  

- We were supposed to return to the US last April 2020 but then the pandemic/lockdowns/travel restrictions came - so this would be MORE than 1 year since she has been out of the country

- Since her brand new Green card does NOT expire until August 2021, does that mean she can return to the US without any problems (even though we have been out of the country for more than 1 year)?  

- We can NOT get past the computer voicemail at USCIS

 

thanks

Jeff

[Boiler 45,665]

No

[HRQX 4,145]

4 minutes ago, jeff27 said:

We can NOT get past the computer voicemail at USCIS

Entry is at CBP officer's discretion. CBP is not part of USCIS, so USCIS is not the correct place to call.

6 minutes ago, jeff27 said:

does that mean she can return to the US without any problems

Entry is not guaranteed* for LPR. See 8 CFR § 211.1(a)(2).

 

*Only US nationals and American Indians born in Canada (with at least 50% American Indian blood) are guaranteed entry into the US.

[aaron2020 11,651]

Being outside the US for more than 1 year is the problem.  Having an unexpired green card does not change that.

With a valid green card, your wife should be able to board a plane to return to the US.  The problem could be the airline refusing to let her board if they find out that she has been outside the US for more than one year.  

[Lucky2Lucky 2,526]

What country have you been in that the US didn’t offer repatriation flights starting in April?!

[Boiler 45,665]

19 minutes ago, Luckycuds said:

What country have you been in that the US didn’t offer repatriation flights starting in April?!

Seems Colombia.

[millefleur 5,047]

1 hour ago, jeff27 said:

- We can NOT get past the computer voicemail at USCIS

Try this.

Edited February 17, 2021 by millefleur

[jeff27 2]

Hello VisaJourney,

Does anyone know who we could contact?  My wife is a Greencard holder (she just received a new greencard which does NOT expire until August 2021) but with the pandemic/travel restrictions/lockdowns, we were NOT able to return to the US within 12 months. 

 

Do anyone have experience working with the Returning Resident Visa (SB-1) and if she needs that visa due to the pandemic/travel restrictions and being out of the US for more than 12 months?

 

Thanks

Jeff

[Crazy Cat 41,981]

24 minutes ago, jeff27 said:

and if she needs that visa due to the pandemic/travel restrictions and being out of the US for more than 12 months?

I would be prepared to explain why it was beyond her control to return to the US for such a long time.  US citizens and Green Card holders have never been prohibited from returning to the US.

Edited February 18, 2021 by Lucky Cat

[millefleur 5,047]

**Moved from What Visa Do I Need - Family Based Immigration to Working & Traveling During US Immigration**

[TBoneTX 45,536]

Similar-themed threads have been merged.  Please avoid starting multiple threads on the same or closely related topics.