Mother's GC expired

[Model4life1 2]

My mom had a 10 years green card and during those years, she shuttled within the US and birth country because of her mom. Almost two years ago, we lost her mom after years of illness. She returned to take care of her mom which made her stay beyond the GC rule of been outside the US. She said she went to the US embassy but was turned away saying she can't return here because she didn't return on time. 

 

What can be done at this point? She has been out of the US since 2023. 

Thank you.

[Dashinka 25,867]

So just over 2 years, and I assume without a re-entry permit?   Is the GC actually expired?  

Edited Monday at 09:13 AM by Dashinka

[appleblossom 4,435]

And to add to @Dashinka’s questions, when you say she ‘shuttled between’ the two places, how much time did she spend in the US in total since getting her GC? 
 

And what did she go to the embassy for? 

[Boiler 47,487]

She has been using her GC to visit? Has she actually moved?

[mitzab 320]

If her green card is valid she can apply for SB-1 visa, I doubt that she will be issued that but there is no harm in trying. 
depending on the country and the airline, she can board with a valid green card for US and then plead her case at port of entry but I also doubt that she will be given entry. 

 

 

 

 

 

[Crazy Cat 44,489]

55 minutes ago, mitzab said:

but I also doubt that she will be given entry. 

With an expired 10 year Green Card, she can board.  She will be allowed to enter....but could likely face an immigration judge.

[mitzab 320]

25 minutes ago, Crazy Cat said:

With an expired 10 year Green Card, she can board.  She will be allowed to enter....but could likely face an immigration judge.

 

yep that is what I was thinking that especially these days with signing or being forced to sign 407 real possibility

 

 

 

[Model4life1 2]

Her GC is expired. She used to live here and spent majority of her time here. She is the only child of her parents, so she had to be flying to visit her once a year until her mom became so ill and needed care. We all agreed for her to go stay with her mom for her last months/days. No one knows when death finally comes. She was happy she was there when her mom passed and not here receiving the news.

 

She applied for citizenship, but she didn't pass the exam before she left for Nigeria. Though English is Nigeria first language. She isn't conversant in the language but her native language of Yoruba. 

 

I am afraid of immigration refusing her entry after paying thousands for her flight. That's why I came on here to seek knowledge. 

 

Thank you.

[Model4life1 2]

If she will be allowed to enter and then face an immigration judge. That will be much better than being sent back from port of entry. I just want to be sure of the choice(s) to make.

[Dashinka 25,867]

I am curious as to the timeline you mentioned.  You mentioned your grandmother passed (sorry for your loss) two years ago (maybe I misunderstood), why did she not come back earlier (no need to get into personal details, I am just curious).

 

As @Crazy Cat pointed out, she should be allowed entry with the potential of being detained, or given a notice to appear before an immigration judge, but I would file the I90 for her GC renewal first so she has that NOA with her to better prove her intentions to repatriate after taking care of her mother’s affairs.  The current administration appears to be cracking down more on these scenarios (anecdotal stories), but she does have a pretty good reason for being out so long.  Best case, she is allowed entry with instructions as to how to apply for a re-entry permit, worst case, she is detained and sent before an IJ.

 

Good Luck!

[Boiler 47,487]

She can always apply for a SB1

[Model4life1 2]

5 minutes ago, Boiler said:

She can always apply for a SB1

Thanks. I will have to google that. I don't know what SB1 is. 

[Model4life1 2]

6 minutes ago, Dashinka said:

I am curious as to the timeline you mentioned.  You mentioned your grandmother passed (sorry for your loss) two years ago (maybe I misunderstood), why did she not come back earlier (no need to get into personal details, I am just curious).

 

As @Crazy Cat pointed out, she should be allowed entry with the potential of being detained, or given a notice to appear before an immigration judge, but I would file the I90 for her GC renewal first so she has that NOA with her to better prove her intentions to repatriate after taking care of her mother’s affairs.  The current administration appears to be cracking down more on these scenarios (anecdotal stories), but she does have a pretty good reason for being out so long.  Best case, she is allowed entry with instructions as to how to apply for a re-entry permit, worst case, she is detained and sent before an IJ.

 

Good Luck!

It's okay. After the passing of my grandmother (my mom's mother). My grandmother passed away in September 2023. She was buried January 2024. She couldn't leave in 2023 cos of the burial rites. And when all was said and done. I wasn't able to have her return to my home. But I am now in a better space to receive her. 

[Model4life1 2]

I have checked the SB1. With the current immigration climate, that would take years before they attend to her case. If i'm not mistaken.

[Wyboxcx 50]

She should board a plane and fly to the US now. Only a judge can take away someone's green card. CBP CANNOT take away her green card, they may try to pressure her to sign i-407 which she should NEVER do. Instead she needs to ask to be admitted and referred to a judge if necessary.