Use Green Card or B2 visa to re-enter US ???

[qz2017]

Hello,

My mother and father got their Green Cards approved in December 2015. Then they have stayed in US for 3 more months till February 2016 when they had to return back to China. They were unable to come back to US until now. Since they were out of US for almost 2 years, I am worried for them about re-entering US next Month. They wanted to come back to US last February before 12 months. But my father had urgent medical situation and they couldn't make the trip.

I have two questions:
1. How likely will they be denied to enter US if they use their Green Cards to re-enter?
2. They still have their B2 visa which is still valid. Can they use B2 if they are denied?

Or will we have to just re-apply the Green Card all over again? Any other options that we can pursue?

Thank you very much.

Frank

[newacct]

Hello,

My mother and father got their Green Cards approved in December 2015. Then they have stayed in US for 3 more months till February 2016 when they had to return back to China. They were unable to come back to US until now. Since they were out of US for almost 2 years, I am worried for them about re-entering US next Month. They wanted to come back to US last February before 12 months. But my father had urgent medical situation and they couldn't make the trip.

I have two questions:
1. How likely will they be denied to enter US if they use their Green Cards to re-enter?
2. They still have their B2 visa which is still valid. Can they use B2 if they are denied?

Or will we have to just re-apply the Green Card all over again? Any other options that we can pursue?

Thank you very much.

Frank

They should try to enter on their green cards. The officer could decide to let them in with a warning if the officer determines they haven't abandoned residency, or if the officer believes they have abandoned residency, the officer could demand that they sign the I-407 to voluntarily relinquish permanent residency (and might scare them into doing it by saying they will be deported and banned if they don't). They should refuse. The officer has no power to revoke their permanent residency -- only they can voluntarily give it up or an immigration judge in immigration court can revoke it. If they refuse to sign, the officer can temporarily let them in and give them a notice to appear in immigration court for removal proceedings. This sounds scary but is not; the immigration judge will determine whether they have abandoned residency or not (so this is kind of an "appeal" of the immigration officer's decision), and they can argue why they haven't abandoned residency. If the immigration judge agrees with them then removal will be cancelled and they will be admitted as permanent residents.

[qz2017]

They should try to enter on their green cards. The officer could decide to let them in with a warning if the officer determines they haven't abandoned residency, or if the officer believes they have abandoned residency, the officer could demand that they sign the I-407 to voluntarily relinquish permanent residency (and might scare them into doing it by saying they will be deported and banned if they don't). They should refuse. The officer has no power to revoke their permanent residency -- only they can voluntarily give it up or an immigration judge in immigration court can revoke it. If they refuse to sign, the officer can temporarily let them in and give them a notice to appear in immigration court for removal proceedings. This sounds scary but is not; the immigration judge will determine whether they have abandoned residency or not (so this is kind of an "appeal" of the immigration officer's decision), and they can argue why they haven't abandoned residency. If the immigration judge agrees with them then removal will be cancelled and they will be admitted as permanent residents.

Thank you Newacct.

This is similar to what I have heard of. I will let my parents know and they can prepare for their trip now .

Frank