GC travel outside US past 1 year mark

[Shrimpy]

Thanks for reading my concern,

My in-law 70 yrs old left US 1 year and 1 month. They supposed came back last March but due to Covid-19 on the rise so they were scared get infection that time and could not come back to State. Now can I just board on Aircraft and tell Immigration Officer their situation or they must apply SB-1?

Please advise. And if must apply SB-1, how long will it take for processing?

Thanks for your time,

Tom

[newacct]

They can just board a flight back to the US and try to get in. The officer might just let them in (potentially with a warning) if the officer thinks they maintained residence. There is greater chance of the officer being lenient if it's not too much over 1 year and especially if it's due to COVID-19.

In the unlikely case the officer decides not to just let them in, the officer might pressure them to voluntarily sign I-407 to give up their green cards, in which case they should refuse. The officer does not have the power to take away their permanent residency involuntarily -- the officer can only give them a Notice to Appear for removal proceedings in immigration court (usually letting them in temporarily in the meantime), where your in-laws can present their case to the immigration judge that they didn't abandon residence. If the immigration judge agrees, then they can stay.