green card almost expired

[Redro 4,601]

I'm following this story with interest as I have a friend in a similar situation.

They've been filing taxes and have a home in the US. 

 

@Disteny please update us when and if they enter the US.

[Disteny 38]

On 1/31/2022 at 8:59 PM, Kor2USA said:

I'm following this story with interest as I have a friend in a similar situation.

They've been filing taxes and have a home in the US. 

 

@Disteny please update us when and if they enter the US.

My friend has to apply for a returning resident visa in order to enter the country, and she has to apply for it 3 months earlier and follow all the procedures , proof of ties in US , and does the biometric, and get all the vaccinations needed. I don't know whether she will have time for all of that. Her green card will expire in the end od March and her husband in April

[Disteny 38]

On 1/31/2022 at 8:59 PM, Kor2USA said:

I'm following this story with interest as I have a friend in a similar situation.

They've been filing taxes and have a home in the US. 

 

@Disteny please update us when and if they enter the US.

Update: My friend was managed to enter US yesterday via New York, she didn't apply for the reentry  resident visa, she just booked the tickets, got on board, when they arrived in New York POE , the officer didn't notice that she was away for 9 years, he just looked at the last visa to Egypt and asked her why they were away for 6 months, she told him about her husband illness and her sisters' death and he let them go. Actually she is so lucky. 

@Kor2USA

[Mike E 11,727]

9 minutes ago, Disteny said:

Update: My friend was managed to enter US yesterday via New York, she didn't apply for the reentry  resident visa, she just booked the tickets, got on board, when they arrived in New York POE , the officer didn't notice that she was away for 9 years, he just looked at the last visa to Egypt and asked her why they were away for 6 months, she told him about her husband illness and her sisters' death and he let them go. Actually she is so lucky. 

@Kor2USA

Congratulations to your friend.  
 

I-94 records for LPRs seem to be a shambles of late.  

I am happy to be vindicated.  And happier for your friend.  Hopefully she stays put for 5 years before filing N-400.  

Edited February 18, 2022 by Mike E

[Disteny 38]

Just now, Mike E said:

Congratulations to your friend.  
 

I am happy to be vindicated.  And happier for your friend.  Hopefully she stays out for 5 years before filing N-400.  

Yes , and she needs to renew her green card because it will expire in March

[retheem 553]

On 1/31/2022 at 10:34 PM, Disteny said:

My friend and her husband will give it a try, some of their friends here in America adviced them to come through New York, believing that nobody will notice, as the airport always busy.

 

And the gamble paid off. Hope they stay put now and settle

[Mike E 11,727]

1 minute ago, retheem said:

And the gamble paid off. Hope they stay put now and settle

No gamble as they had nothing to lose by trying.  

[iwannaplay54 985]

On 1/30/2022 at 6:56 PM, Gorkhali said:

 

Is the green card yet valid? 

Yes.  Fingers crossed for renewal.  Even if she was erroneously let in they can retroactively rule you inadmissible at time of entry at any point in the future.

Edited February 21, 2022 by iwannaplay54

[Disteny 38]

1 hour ago, retheem said:

And the gamble paid off. Hope they stay put now and settle

I am not sure whether she and her husband will be able to renew their green cards or not. If they ask for their passports, they will find out that they have been away for more than 2 years.

[Mike E 11,727]

2 hours ago, Disteny said:

I am not sure whether she and her husband will be able to renew their green cards or not. If they ask for their passports, they will find out that they have been away for more than 2 years.

I’ve never heard of being asked for passports to renew a gc.  I was never asked.  
 

They are fine.  What they should not do is file for citizenship with any fraction of that multi year absence in their last 5 years of physical presence history.  IOW, wait a full 5 years before filing. 

[iwannaplay54 985]

https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-2

 

 

This is my concern and is why we never, ever entered the US after a 1+ year absence without a travel doc or SB1.

 

Cases get retroactively referred to removal all the time after a re-entry following extended absence - being admitted leaves the absence hanging over the immigrant allowing USCIS at any time or step to make an abandonment determination.

 

I would not make the mistake of assuming USCIS does not review compliance to all PR requirements at either renewal or at N-400 application step.  They do, and there have been horror stories about it.  
 

After a 1+ year absence an LPR is not classified as a “returning resident”, they are legally classified as “arriving alien”.  The policy manual clearly states that being mistakenly admitted as an LPR does not remove the abandonment, and if pursued all subsequent stay in the US is defined as overstay.

 

I hope things work out here.

 

[Disteny 38]

Update to this unbelievable situation, my friend as I said was managed to enter the country  after being away for 9 years, and now she applied for green card renewal and scheduled to receive the new green card within two weeks from now.

[TBoneTX 43,422]

Thank you for the update.

[usa123 1]

@Disteny have she received GC now?

I was wondering if GC was denied because she enetered because of mistake of officer at NY airport

 

 

[bzbee 93]

On 8/5/2022 at 8:03 AM, usa123 said:

@Disteny have she received GC now?

I was wondering if GC was denied because she enetered because of mistake of officer at NY airport

 

 

I'd assume she got her GC renewed - the renewal process is automated via online/mail. There is not human intervention.

 

I replied to you in your other post, so won't repeat it all here. IMO, your chances of being allowed into the US (even if you get stopped) are pretty good. And your chances of not getting stopped are better than 50-50.