Reentry to US after more than 1 yr stay out of US

[Vayu30]

Hello Everyone, would really appreciate if someone can help in this urgent matter. My brother and his family are GC holders( GC was issued in 2016). My brother returned to US withing 1 yrs time. But his wife and son (minor) could not travel back in time due to medical issues. All 3 were supposed to fly back to US last night. But his wife and son were not allowed to board. So even my brother did not take the flight. The airline agent said since it was more than a years stay out of US, they cannot be allowed to get on board. Tkt was on Etihad but AirIndia crew was managing the counters.

What should be the next step? Has anyone faced this issue ? I am aware about the SB1 visa. Has anyone applied and been approved for SB1 visa recently ? how long does it take ? Any kind of info in this matter is really , really appreciated. We did have the drs document stating the need for the wife ans son to stay in India but the airline agent was rude and did not allow them to present the document.

This is a great place to get some answers. Hope someone can respond.Thanks a lot.

[newacct]

Hello Everyone, would really appreciate if someone can help in this urgent matter. My brother and his family are GC holders( GC was issued in 2016). My brother returned to US withing 1 yrs time. But his wife and son (minor) could not travel back in time due to medical issues. All 3 were supposed to fly back to US last night. But his wife and son were not allowed to board. So even my brother did not take the flight. The airline agent said since it was more than a years stay out of US, they cannot be allowed to get on board. Tkt was on Etihad but AirIndia crew was managing the counters.

What should be the next step? Has anyone faced this issue ? I am aware about the SB1 visa. Has anyone applied and been approved for SB1 visa recently ? how long does it take ? Any kind of info in this matter is really , really appreciated. We did have the drs document stating the need for the wife ans son to stay in India but the airline agent was rude and did not allow them to present the document.

This is a great place to get some answers. Hope someone can respond.Thanks a lot.

This seems like an airline thing. The US doesn't require airlines deny boarding to people with unexpired green cards based on how long they have been away. This just seems like something the airline made up. I don't know what you can do about it.

[Vayu30]

This seems like an airline thing. The US doesn't require airlines deny boarding to people with unexpired green cards based on how long they have been away. This just seems like something the airline made up. I don't know what you can do about it.

Thanks a lot for the response. That's what we are thinking too. Called Etihad USA no. said they cannot say why they were denied.Said to contact the embassy. Will call India no too.

[newacct]

Thanks a lot for the response. That's what we are thinking too. Called Etihad USA no. said they cannot say why they were denied.Said to contact the embassy. Will call India no too.

I would suggest that they don't contact the US consulate. If they have been out for more than a year, technically their green card is not valid for re-entry and the US consulate will definitely tell them that they need to get an SB-1 returning resident visa, which is hard to get, and requires proving that they didn't return within 1 year due to circumstances that were beyond their control.

Rather, their goal should be to arrive in the US and try their luck with the immigration officers at the port of entry, who have the power to waive the documentary requirements, and this has a much greater chance of success than with the SB-1 visa. So maybe try another airline, or another time of the day, or another airport. Or maybe they can get eTAs to Canada and fly to Canada and cross to the US by land (I don't know if the airline people will still have the same issue with the green card if they are flying to Canada with an eTA).

[Vayu30]

I would suggest that they don't contact the US consulate. If they have been out for more than a year, technically their green card is not valid for re-entry and the US consulate will definitely tell them that they need to get an SB-1 returning resident visa, which is hard to get, and requires proving that they didn't return within 1 year due to circumstances that were beyond their control.

Rather, their goal should be to arrive in the US and try their luck with the immigration officers at the port of entry, who have the power to waive the documentary requirements, and this has a much greater chance of success than with the SB-1 visa. So maybe try another airline, or another time of the day, or another airport. Or maybe they can get eTAs to Canada and fly to Canada and cross to the US by land (I don't know if the airline people will still have the same issue with the green card if they are flying to Canada with an eTA).

Thanks so much for responding again. so even if GC has validity till 2026, its still considered expired if the stay out of USA is for more than a year?

[newacct]

Thanks so much for responding again. so even if GC has validity till 2026, its still considered expired if the stay out of USA is for more than a year?

The card is not "expired" but it does not satisfy the requirements for you to re-enter the US. The regulations for a returning resident require one of several possible documents: a green card for a person who has been absent less than one year, or a valid Re-entry Permit, or a valid immigrant visa, etc. You don't have any of those, even though your green card is unexpired. If you make it to a US port of entry, the immigrant officer at entry has discretion to waive your failure to meet the documentary requirement for entry, and they often do, especially if you are only a little over a year and this is the first time you have been out for a long time. Make sure to bring lots of evidence of ties to the US to show you didn't abandon residence, e.g. your US tax returns, evidence you maintain a home in the US while you were away that you can return to, that you maintained various accounts in the US, that you have family in the US, etc.

If the officer does not want to let you in, they can ask you to voluntarily sign a form to give up your green card, and you can refuse. If you refuse, they will temporarily let you in and give you a notice to appear in immigration court for removal proceedings. At the proceedings, you will have to present evidence to the immigration judge that you didn't abandon residence. You can probably get a lawyer to help you prepare for that if that happens.

[Vayu30]

The card is not "expired" but it does not satisfy the requirements for you to re-enter the US. The regulations for a returning resident require one of several possible documents: a green card for a person who has been absent less than one year, or a valid Re-entry Permit, or a valid immigrant visa, etc. You don't have any of those, even though your green card is unexpired. If you make it to a US port of entry, the immigrant officer at entry has discretion to waive your failure to meet the documentary requirement for entry, and they often do, especially if you are only a little over a year and this is the first time you have been out for a long time. Make sure to bring lots of evidence of ties to the US to show you didn't abandon residence, e.g. your US tax returns, evidence you maintain a home in the US while you were away that you can return to, that you maintained various accounts in the US, that you have family in the US, etc.

If the officer does not want to let you in, they can ask you to voluntarily sign a form to give up your green card, and you can refuse. If you refuse, they will temporarily let you in and give you a notice to appear in immigration court for removal proceedings. At the proceedings, you will have to present evidence to the immigration judge that you didn't abandon residence. You can probably get a lawyer to help you prepare for that if that happens.

I am so thankful and grateful for all your responses. I understand the seriousness of the situation. Another q that i had was- in case none of the options work out (including applying for sb1 visa, which is hard to get like you had mentioned earlier) can the concerned people get a visitor visa while holding a valid GC? Or they have to first surrender their GCs?

[UScitizenFilingforspouse]

Hello Everyone, would really appreciate if someone can help in this urgent matter. My brother and his family are GC holders( GC was issued in 2016). My brother returned to US withing 1 yrs time. But his wife and son (minor) could not travel back in time due to medical issues. All 3 were supposed to fly back to US last night. But his wife and son were not allowed to board. So even my brother did not take the flight. The airline agent said since it was more than a years stay out of US, they cannot be allowed to get on board. Tkt was on Etihad but AirIndia crew was managing the counters.

What should be the next step? Has anyone faced this issue ? I am aware about the SB1 visa. Has anyone applied and been approved for SB1 visa recently ? how long does it take ? Any kind of info in this matter is really , really appreciated. We did have the drs document stating the need for the wife ans son to stay in India but the airline agent was rude and did not allow them to present the document.

This is a great place to get some answers. Hope someone can respond.Thanks a lot.

Here is a good resource for you to stand your ground with confidence when you show up at the port of entry. https://cliniclegal.org/sites/defaul...R%20Status.pdf

Link to SB-1 visa. https://travel.state.gov/content/tri...-resident.html

You should be able to enter, for sure get a wrist slap, but depending upon who you get at the port of entry, you may or may not get a NTA. Never sign the record of abandonment. You may refuse it politely, and request the NTA.

Airline agents are always acting like they're part of USCIS. Next time, ask for a supervisor, and ask them to cite the law. You will watch them quickly back-pedal.

[Vayu30]

Here is a good resource for you to stand your ground with confidence when you show up at the port of entry. https://cliniclegal.org/sites/defaul...R%20Status.pdf

Link to SB-1 visa. https://travel.state.gov/content/tri...-resident.html

You should be able to enter, for sure get a wrist slap, but depending upon who you get at the port of entry, you may or may not get a NTA. Never sign the record of abandonment. You may refuse it politely, and request the NTA.

Airline agents are always acting like they're part of USCIS. Next time, ask for a supervisor, and ask them to cite the law. You will watch them quickly back-pedal.

Thanks so much for your response. So requesting NTA is a better option than applying for sb1 visa in case the immigration officer does not agre with their case.

[UScitizenFilingforspouse]

Thanks so much for your response. So requesting NTA is a better option than applying for sb1 visa in case the immigration officer does not agre with their case.

Ideally, it shouldn't get to the point where the officer is pressuring you to sign a record of abandonment of the green card. And if it does, that's when you request the NTA. In cases like yours, if you show up with documentation that shows enough ties to the US, and a plausible explanation of why you remained outside the US for that long, you get a slap on your wrist - warning, don't do it again, and they let you in.

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Thanks so much for your response. So requesting NTA is a better option than applying for sb1 visa in case the immigration officer does not agre with their case.

Did you read this document? https://cliniclegal.org/sites/defaul...R%20Status.pdf

[Vayu30]

Ideally, it shouldn't get to the point where the officer is pressuring you to sign a record of abandonment of the green card. And if it does, that's when you request the NTA. In cases like yours, if you show up with documentation that shows enough ties to the US, and a plausible explanation of why you remained outside the US for that long, you get a slap on your wrist - warning, don't do it again, and they let you in.

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Did you read this document? https://cliniclegal.org/sites/defaul...R%20Status.pdf

Thanks a lot everyone for all your responses. This forum is an invaluable resource of current and right information.