CR1 Green Card Holder Abroad for 14+ Months — Lawyer Advised Filing I-751 and Returning. Advice?

[Diamond-hearts 0]

I am a CR1 GC holder married to a US citizen. This was issued at the end of September 2023 and I was in the USA until July 2024. I then came to the UK for a vacation and had a return flight booked but my grandfather was given a terminal cancer diagnosis so I stayed in the UK to spend time with him and look after him. He has recently passed away and I am now looking to return to my life in the USA. All of my ties are there - husband, dogs, car, possessions etc.

I have considered getting an SB-1 but I spoke to a lawyer and they advised filing the I-175 and booking a flight back. Has anyone been in a similar position and which course of action would you advise?

Is an SB-1 likely to get approved in this instance? Or has anyone successfully re-entered after 12+ months away?

[Lemonslice 5,331]

When is your card expiring? Make it easy and hop on a flight BEFORE it expires.   

[OldUser 10,537]

1 hour ago, Diamond-hearts said:

I spoke to a lawyer and they advised filing the I-175 and booking a flight back.

I would argue with this advice.

1) There is no such form I-175. There is form for Removal of Conditions named I-751

2) I'd get to the US first and then file I-751.

 

 

What's the expiry date on your green card?

 

If your card is still valid you need to jump on the plane like now and head back to the US before it expires. Take the first available flight, even if it means leaving in the next 24 hrs. This is very time sensitive. And you must file I-751 as soon as you touch the ground in the US. Throw money at the problem and do it urgently now if you can, otherwise you're at risk of losing your status or being in limbo status which will cost you even more 

Edited yesterday at 01:19 AM by OldUser

[OldUser 10,537]

~ Thread was moved to Removal Of Conditions forum ~

[wildbug100420 329]

1 hour ago, OldUser said:

I would argue with this advice.

1) There is no such form I-175. There is form for Removal of Conditions named I-751

2) I'd get to the US first and then file I-751.

 

 

What's the expiry date on your green card?

 

If your card is still valid you need to jump on the plane like now and head back to the US before it expires. Take the first available flight, even if it means leaving in the next 24 hrs. This is very time sensitive. And you must file I-751 as soon as you touch the ground in the US. Throw money at the problem and do it urgently now if you can, otherwise you're at risk of losing your status or being in limbo status which will cost you even more 

And also complete your timelines. 

[S2N 459]

Also if the green card is not expired insist on being admitted to the United States and do not sign anything.

 

CBP might ask you to sign documents saying you gave up your legal permanent residency. You do not have to sign them. If the GC has not expired and you’re within the U.S., only an immigration judge can remove LPR status. CBP can issue you a notice to appear before an immigration judge, but that is infinitely better than you voluntarily relinquishing status.

 

Odds are they give you a lecture and let you in without doing any of that because CBP likes to avoid paperwork, but depending on the officer you get they could send you to secondary where you’ll get to experience what I described above.

[Boiler 48,030]

1 hour ago, S2N said:

Also if the green card is not expired insist on being admitted to the United States and do not sign anything.

 

CBP might ask you to sign documents saying you gave up your legal permanent residency. You do not have to sign them. If the GC has not expired and you’re within the U.S., only an immigration judge can remove LPR status. CBP can issue you a notice to appear before an immigration judge, but that is infinitely better than you voluntarily relinquishing status.

 

Odds are they give you a lecture and let you in without doing any of that because CBP likes to avoid paperwork, but depending on the officer you get they could send you to secondary where you’ll get to experience what I described above.

They can also detain you pending an appearance before an IJ.

[S2N 459]

7 minutes ago, Boiler said:

They can also detain you pending an appearance before an IJ.

Historical norm in cases like this where they want to be strict is issuing a notice to appear, but that’s also an option. Not sure if the current climate has had any impact on their preference on detention vs. NTA and release.

 

Important thing in OP’s case is not to sign anything whatever CBP does.

Edited 22 hours ago by S2N

[Dashinka 26,162]

You need to be more specific about the date the GC was issued.  Since you mentioned the end of September 2023, you are clearly in the 90 day period for filing the I751, but as others have said, if the the GC is not expired, hop on a flight ASAP.  If it has expired, file the I751 to get the extension letter, and do it soon.

 

Good Luck!

[S2N 459]

3 minutes ago, Dashinka said:

You need to be more specific about the date the GC was issued.  Since you mentioned the end of September 2023, you are clearly in the 90 day period for filing the I751, but as others have said, if the the GC is not expired, hop on a flight ASAP.  If it has expired, file the I751 to get the extension letter, and do it soon.

 

Good Luck!

It’s unclear if that’s when CR-1 was issued or when GC was issued, so theoretically could still be out of the 90 day period (i.e. CR-1 issued 9/30/2023; entered US 3/15/2024.)

 

Its why the specific dates matter. Most likely within 90 days like you mentioned, but OP really does need to be specific with dates.

[Lemonslice 5,331]

3 hours ago, Dashinka said:

You need to be more specific about the date the GC was issued.  Since you mentioned the end of September 2023, you are clearly in the 90 day period for filing the I751, but as others have said, if the the GC is not expired, hop on a flight ASAP.  If it has expired, file the I751 to get the extension letter, and do it soon.

 

Good Luck!

Yes, depends on the exact dates of visa being issued, and entry in the US. 

90 days might not be there yet if they entered in the first months of 2024...

 

Wishing OP the best of luck.

Edited 18 hours ago by Lemonslice

[Dashinka 26,162]

3 hours ago, S2N said:

It’s unclear if that’s when CR-1 was issued or when GC was issued, so theoretically could still be out of the 90 day period (i.e. CR-1 issued 9/30/2023; entered US 3/15/2024.)

 

Its why the specific dates matter. Most likely within 90 days like you mentioned, but OP really does need to be specific with dates.

 

18 minutes ago, Lemonslice said:

Yes, depends on the exact dates of visa being issued, and entry in the US. 

90 days might not be there yet if they entered in the first months of 2024...

 

Wishing OP the best of luck.

Yes, I guess I assumed the end of September 2023 was the GC issue date, but that may not be a good assumption.  We will need to wait for the OP to clarify the dates.

[Lil bear 4,636]

6 hours ago, Dashinka said:

 

Yes, I guess I assumed the end of September 2023 was the GC issue date, but that may not be a good assumption.  We will need to wait for the OP to clarify the dates.

Hopefully they aren’t yet reporting because they are about to get on a flight back to the US