green card almost expired

[Disteny 38]

I have a friend who has a green card , but left the country and has been away for 9 years due to family issues and they couldn't adapt to life in America, her green card will be expired in March. Can she come  back before the expiration day and renew it in order to live in America once again?

[Lil bear 3,831]

1 minute ago, Disteny said:

I have a friend who has a green card , but left the country and has been away for 9 years due to family issues and they couldn't adapt to life in America, her green card will be expired in March. Can she come  back before the expiration day and renew it in order to live in America once again?

Residency  is considered abandoned if the LPR is out if the US for over 2 years   Technically your friend can board a flight with the green card but when asked by CBP “ how long have you been out of the country?”… thats when  things will start to become very very difficult 

[Lil bear 3,831]

Moved to Effects of major life changes on immigration benefits 

[Disteny 38]

4 minutes ago, Lil bear said:

Residency  is considered abandoned if the LPR is out if the US for over 2 years   Technically your friend can board a flight with the green card but when asked by CBP “ how long have you been out of the country?”… thats when  things will start to become very very difficult 

So the question here, if she managed to enter the country , it is possible to be deported right ?

[Timona 3,941]

Her best bet is pack a small carryon, board and hope to be allowed back in. Most people in such situations go through land border eg try getting in through Brownville Texas. You have a slightly better chance. 

 

I suggest a small carryon as a test so that if she's turned away, she doesn't need to hustle much. No need to carry 4 luggage. 

 

But definitely try land border. 

[Lil bear 3,831]

Just now, Disteny said:

So the question here, if she managed to enter the country , it is possible to be deported right ?

She would likely be referred to immigration court ..  not sure how that would be handled at POE 

[Timona 3,941]

1 minute ago, Lil bear said:

She would likely be referred to immigration court ..  not sure how that would be handled at POE 

 

Just to piggy ride on this. 

 

Which is better. All she needs is to tell her story. Most are given green light.

 

Referring that to OP👆

[Disteny 38]

Just now, Timona said:

 

Just to piggy ride on this. 

 

Which is better. All she needs is to tell her story. Most are given green light.

 

Referring that to OP👆

I will tell her and see what she will do. Thanks a lot. 

[Gorkhali 213]

18 minutes ago, Disteny said:

I have a friend who has a green card , but left the country and has been away for 9 years due to family issues and they couldn't adapt to life in America, her green card will be expired in March. Can she come  back before the expiration day and renew it in order to live in America once again?

 

14 minutes ago, Lil bear said:

Residency  is considered abandoned if the LPR is out if the US for over 2 years   Technically your friend can board a flight with the green card but when asked by CBP “ how long have you been out of the country?”… thats when  things will start to become very very difficult 

Is the green card yet valid? 

[Allaboutwaiting 2,500]

This issue was discussed extensively a few weeks ago. 

 

If the green card is still valid, she can fly. Once with CBP she will very likely be asked to surrender her GC, but she has the right to refuse.

Then CBP can start the process to issue an NTA. If issued, she will need to appear at some point in front of an immigrating judge.

[Lil bear 3,831]

18 minutes ago, Gorkhali said:

 

Is the green card yet valid? 

Its considered “valid” until it is either surrendered by the LPR or determined abandoned by an immigration judge.  

[Mike E 11,723]

https://help.cbp.gov/s/article/Article-3671?language=en_US#:~:text=The CBP officer will collect,final determination on your case
 

https://www.aila.org/infonet/practice-alert-signing-i-407

 

If she ends up In immigration court I expect she will be asked a basic question: why does she want a green card since she doesn’t want to live in the USA.  
 

I don’t see her prevailing if she get is given a notice to appear.  This is one case where I would accept the officer’s suggestion to file I-407 in exchange for a multi entry B-2 visa. 
 

Edited January 31, 2022 by Mike E

[Disteny 38]

Yes the green card still valid, it will expire in the end of March

[Lil bear 3,831]

35 minutes ago, Mike E said:

https://help.cbp.gov/s/article/Article-3671?language=en_US#:~:text=The CBP officer will collect,final determination on your case
 

https://www.aila.org/infonet/practice-alert-signing-i-407

 

If she ends up In immigration court I expect she will be asked a basic question: why does she want a green card since she doesn’t want to live in the USA.  
 

I don’t see her prevailing if she get is given a notice to appear.  This is one case where I would accept the officer’s suggestion to file I-407 in exchange for a multi entry B-2 visa. 
 

Agree with this thinking.   Unlikely to have convincing strong ties to the US after 9 years out. I assume no US tax returns were filed during that time. That's a problem  

Edited January 31, 2022 by Lil bear

[iwannaplay54 985]

2 hours ago, Disteny said:

I have a friend who has a green card , but left the country and has been away for 9 years due to family issues and they couldn't adapt to life in America, her green card will be expired in March. Can she come  back before the expiration day and renew it in order to live in America once again?

LMAO 9 years?

My call - not a prayer