Greencard holder outside of USA 26 months due to Covid, wants to return

[Mike E 11,722]

14 minutes ago, Eastereggsrock said:

I am most concerned with my husband's long absence from the USA and being allowed back into the country and not losing his lpr status. We want to be back ASAP.

As per the link i gave you, this concern isn’t warranted.  
 

You can try for an SB-1 visa. As you’ve noted the US embassy isn’t responsive.  It isn’t responding to your request for a CRBA for your child - a natural born citizen of the USA.  It is going to be even less understandable about your husband’s long absence. I predict the SB-1 will be denied.  
 

So that leaves him with returning to the USA.  He can do that.  Worst case he is given a Notice to Appear in immigration court.  The judge can take his LPR status and you can file a new I-485 to get it back.  
 

I don’t think it will come to that.  However the more years he waits, the more likely it will come to that. 
 

Book him a flight home today.  

Edited December 8, 2021 by Mike E

[Eastereggsrock 7]

1 minute ago, Mike E said:

As per the link i gave you, this concerned isn’t warranted.  
 

You can try for an SB-1 visa. As you’ve noted the US embassy isn’t responsive.  It isn’t responding to your request for a CRBA for your child.  It is going to be even less understandable about your husband’s long absence. I predict the SB-1 will be denied.  
 

So that leaves him with returning to the USA.  He can do that.  Worst case he is given a Notice to Appear in immigration court.  The judge can take his LPR status and you can file a new I-485 to get it back.  
 

I don’t think it will to that.  However the more years he waits, the more likely it will come to that. 
 

Book him a flight home today.  

Thanks. I appreciate everyone's advice. 

[Mike E 11,722]

3 minutes ago, Eastereggsrock said:

Thanks. Perhaps I should've asked if this is common or if it is better to abandon the greencard and reapply.

This is common and it is never better to abandon the green card and reapply. 
 

It happens a lot.  People argue with me that they can’t.  I tell them they can. Some take my advice and so far they’ve all been admitted as returning residents. 
 

I suppose there will be a first time and someone will get a notice to appear.  But odds say otherwise 

[Boiler 43,401]

We only see this occasionally and not sure if many come back to update? Well I can only remember a few.

[Mike E 11,722]

20 minutes ago, Boiler said:

We only see this occasionally and not sure if many come back to update? Well I can only remember a few.

On VJ most of the posts come people who are not frequent contributors or created the VJ account to post this type of query.  
 

I haven’t yet found a follow up experience from flying back to the USA on VJ for absences over 12 months.. Mostly those threads end with a whimper or the OP capitulates to pressure from VJ members to file I-407 at the embassy.  
 

On Reddit this gets posted about once a week and there are success stories. 
 

I’ve yet to read of a case of an LPR processed as an arriving alien and given an NTA or worse.  But I keep looking as immigration urban legends are a hobby of mine.  

 

Edited December 8, 2021 by Mike E

[Kai G. Llewellyn 821]

56 minutes ago, Mike E said:

On VJ most of the posts come people who are not frequent contributors or created the VJ account to post this type of query.  
 

I haven’t yet found a follow up experience from flying back to the USA on VJ for absences over 12 months.. Mostly those threads end with a whimper or the OP capitulates to pressure from VJ members to file I-407 at the embassy.  
 

On Reddit this gets posted about once a week and there are success stories. 
 

I’ve yet to read of a case of an LPR processed as an arriving alien and given an NTA or worse.  But I keep looking as immigration urban legends are a hobby of mine.  

 

I've read some rulings from hearings regarding LPR abandonment which resulted in removals, but yeah, I've never heard of anyone posting on Reddit or here who was facing that. Those rulings were also very old as well. I imagine it is exceptionally rare for it to go the IJ and people either end up signing I-407 or just end up continuing being LPRs without issue. I can imagine especially if someone is still married, or has a basis to re-immigrate that sending it to the IJ is just a waste of time and probably won't result in a removal. Plus the government has a ridiculously high burden of proof to actually obtain removal in the court regarding abandoning LPR status.

Edited December 8, 2021 by Kai G. Llewellyn

[aaron2020 11,651]

The problem is the airlines letting her fly.  If she is not admitted into the US, they face the cost of flying the person back and facing fines.  The airlines are weary of flying LPRs who have been outside the US for more than a year.  

 

CBP does not care.  They will admit anyone with a valid green card.  It would be rare for them to refer anyone to immigration court for abandonment of LPR status.

 

If you can get on a plane to the US or cross the US border, you'll be fine.

Edited December 8, 2021 by aaron2020

[Boiler 43,401]

Begs the question how an Airline would know how long someone has gone. I have not come across this scenario.

[aaron2020 11,651]

4 minutes ago, Boiler said:

Begs the question how an Airline would know how long someone has gone. I have not come across this scenario.

Entry stamp in people's passport.

[Boiler 43,401]

6 minutes ago, aaron2020 said:

Entry stamp in people's passport.

I have never been stamped going into the UK.

[iwannaplay54 985]

6 hours ago, Eastereggsrock said:

My husband got his greencard in Jan 2018. He is a UK citizen, I am the American. We have been in the UK since OCT 2019, we planned to return in March of 2020 but.... well we were stuck here. I had a baby in Feb 2020. We haven't been able to get her birth certified at the Embassy in London or even apply for a returning visa. The Embassy was shut and now has extremely limited appts. We didn't plan on being here this long. We want to return but aren't sure about being allowed back. Thoughts and experiences are helpful. 

Apply for SB1.  He qualifies.  
You need to file a new affidavit (I134 not I864) and when you file for SB1 get the little one a US CRBA and passport

[Boiler 43,401]

Well he qualifies to file, I seriously doubt it would be approved.

[iwannaplay54 985]

5 minutes ago, Boiler said:

Well he qualifies to file, I seriously doubt it would be approved.

He qualifies to get it.

 

Why do you doubt it would be approved. We got one.

Edited December 9, 2021 by iwannaplay54

[Boiler 43,401]

I read the thread.

[iwannaplay54 985]

9 minutes ago, Boiler said:

I read the thread.

He’s squarely on the right side of the rules

 

Long absences catch up with you later