Green card holder returning to USA after one year

[happyface76]

My mom is on a green card and due to COVID-19 spreading everywhere we took precautions and she has been outside USA for more than a year now. Are there special considerations for green holders if they overstay outside the US due to COVID? If not, what should we do so she could come to USA? We're planning for her to come in Aug/Sep 2021.

Thanks in advance for all your help.

[rkk09]

Hi,
If GC holder is outside of USA more than one year will make problematic. But, In the uncertain situation due to Pandemic, things are making worse. Better to apply for SB-1 visa before she travels back to the USA. Without obtaining SB-1 visa and travelling directly will make some unwanted issue at the time of port of entry. CBP officer may raise some questions about your absence more than one year. I hope your mother will have a strong tie up with USA even though she is outside of USA. Please make sure all of these.
Thanks

[newacct]

In my opinion getting an SB-1 visa might be harder than just flying to the US and trying to enter. To get an SB-1 visa, you have to show that you couldn't return earlier due to circumstances beyond your control, and you have no recourse if it is denied. If you fly to the US, you get a chance with the immigration officer at entry, and if that doesn't work, you get another chance with the immigration judge in removal proceedings (for which you can hire an immigration lawyer to represent you), and even that could be appealed.