Stay outside the U.S. more then 1 year but less then 2 years without any permit

[esmirm]

Dear,

My parrents are holders of ''Green Card'', one year already passed of their staying outside the U.S. and also they will have to stay about half a year as well, but they didn't get Re-Entry Permit when they were in the U.S.

Therefore, what do you advice for my parents, who already stayed for 1 year outside the U.S. but without obtaining Re-Entry Permit when they were in U.S. and who will be staying outside less then 2 years ?

Or to make this question easier: A Green Card holder, who stayed outside the U.S. more then 1 year but less then 2 years without obtaining Re-Entry Permit, what should the GC holder do in order to come back to the U.S. legally without having any consequences ?

Please answer it is urgent,

Kind regards

[rayb]

They can apply for "Returning Resident" visa, using form DS-117.

--Ray B

Dear,

My parrents are holders of ''Green Card'', one year already passed of their staying outside the U.S. and also they will have to stay about half a year as well, but they didn't get Re-Entry Permit when they were in the U.S.

Therefore, what do you advice for my parents, who already stayed for 1 year outside the U.S. but without obtaining Re-Entry Permit when they were in U.S. and who will be staying outside less then 2 years ?

Or to make this question easier: A Green Card holder, who stayed outside the U.S. more then 1 year but less then 2 years without obtaining Re-Entry Permit, what should the GC holder do in order to come back to the U.S. legally without having any consequences ?

Please answer it is urgent,

Kind regards

[esmirm]

Does that mean, they cannot enter in the U.S. without applying (in the american embassy of their coutry of origin) or obtaining that ''Returning Resident'' visa ? Or maybe they can enter in the U.S. but they are oblige to apply in the U.S. for returning resident ?

[rayb]

If they arrive at a U.S. Port of Entry after having been out of the U.S. more than a year, they might be rejected and returned to their country of origin.

Sometimes, the immigration staff exercise some discretion and allow entrants in, under these circumstances, but then schedule immigration hearings for possible adverse adjudication.

It would be prudent of them to first apply to the Embassy for a Returning Resident Visa.

--Ray B

Does that mean, they cannot enter in the U.S. without applying (in the american embassy of their coutry of origin) or obtaining that ''Returning Resident'' visa ? Or maybe they can enter in the U.S. but they are oblige to apply in the U.S. for returning resident ?

[esmirm]

OMG, after applying in the american embassy, how long it will take to obtain that visa ? Will they need to wait for 1 year and a half like previous time for the immigration visa and to go again through the same procedure, or for this returning visa is shorter period of waiting ? How long they have to wait after applying ?

If they arrive at a U.S. Port of Entry after having been out of the U.S. more than a year, they might be rejected and returned to their country of origin.

Sometimes, the immigration staff exercise some discretion and allow entrants in, under these circumstances, but then schedule immigration hearings for possible adverse adjudication.

It would be prudent of them to first apply to the Embassy for a Returning Resident Visa.

--Ray B

[rayb]

The waiting time may vary with Embassy, but I've seen this procedure accomplished in a few weeks.

--Ray B

OMG, after applying in the american embassy, how long it will take to obtain that visa ? Will they need to wait for 1 year and a half like previous time for the immigration visa and to go again through the same procedure, or for this returning visa is shorter period of waiting ? How long they have to wait after applying ?

[esmirm]

I thank you so much Ray B

The last question about this topic, If they go to the U.S. without obtaining SB-1 just with their (valid) LRP - GREEN CARD with validity period until 2022, even though they have been out more then one year and previously not obtaining any reentry permit or something else, is there any possibility to not be noticed their absence from the U.S. while arriving at a U.S. Port of Entry ?

I am asking this because, some people (LRP holders) even though they didn't previously obtained any permit for staying abroad more then one year they didnt have any problem while entering the U.S. port entry.. so that confuses me ... ?

The waiting time may vary with Embassy, but I've seen this procedure accomplished in a few weeks.

--Ray B

[rayb]

Esmirm,

It could go either way. Even if their overdue return is noticed, the Immigration staff might let them in, but it's a gamble. Some Ports of Entry seem to be rougher than others for this type of problem. I personally know that SFO has been flexible. I wouldn't chance anything going through Detroit.

--Ray B

I thank you so much Ray B

The last question about this topic, If they go to the U.S. without obtaining SB-1 just with their (valid) LRP - GREEN CARD with validity period until 2022, even though they have been out more then one year and previously not obtaining any reentry permit or something else, is there any possibility to not be noticed their absence from the U.S. while arriving at a U.S. Port of Entry ?

I am asking this because, some people (LRP holders) even though they didn't previously obtained any permit for staying abroad more then one year they didnt have any problem while entering the U.S. port entry.. so that confuses me ... ?

[esmirm]

Thank you so much for helping me

[cafeconleche]

If a GC holder is out of the US for over a year without a re-entry permit, their LPR status is considered abandoned. So, your parents should know that they are attempting to re-enter the US with an invalid GC, and if they are asked how long they have been out and are truthful about it (it would be extremely unwise for them to lie), there is probably a very, very small chance they'd be allowed to enter the US.

Without a very good reason, an SB1 is hard to get. So, this is all a big risk. Did they remain out of the US for over a year for health reasons?