ReEntering the US on a Green Card having been out for 16 months

[Vikram_r]

Could someone please advice on the below case ?

My friend (who I am courting) is trying to enter on her green card after 16 months staying outside the US. There are some extreme scenarios we are concerned about..

1. If the officer at the port of entry induces or forces her to surrender her green card, and uses tactics such as refusing to return the green card or making her wait indefinitely, what might be the way to deal with it? Also, she is not in the best of health.
2. If entry is denied and she is forced to return to India, how would she have access to the airline check in area? What is the other alternative?
3. Since I am courting my friend and we are traveling together and since she is not in the best of health, can I approach the counter together with her? If she is directed to a secondary inspection area, how can I accompany her to the area?
4. Finally, would there be any preference in flying into Newark airport from Mumbai v Delhi ?

[newacct]

The officer cannot force her to sign I-407 to voluntarily relinquish her green card if she refuses (it is voluntary). The officer can initiate removal proceedings against her, which will be heard by an immigration judge in immigration court (at a later date). The officer cannot force her to return if she refuses to do so voluntarily; only the immigration judge in immigration court issuing a final removal order can do that.

I am not sure whether you can accompany her to secondary inspection.

Another thing I've heard is that the airline staff in some countries might deny a person in such a circumstance from boarding the flight to the US (it doesn't make sense to me why they would care, but that's what I've heard).

[Vikram_r]

I have also been advised by attorneys that they don't have authority to deny entry at that point. But I guess our concern is, they can make it extremely difficult by forcing long detentions or not releasing green card, and I am not sure my friend is in a position to withstand that.
And any clarity on whether I can approach the counter together with her and whether I can be with her in the secondary inspection area will help (based on any experiences or otherwise) - we are travelling together and it will be one boarding pass. If she has to come back for whatever reason, i would like to accompany her back as well.

[newacct]

Don't worry about "releasing green card"; the key thing is whether she can stay in the US. In the unlikely case that they "deny entry", she should refuse to sign I-407 or depart voluntarily, and they will give her Notice to Appear for removal proceedings. I am not sure what the procedures are, but they might hold onto the green card while the removal proceedings are pending, but the point is she will be able to stay in the US in the meantime. If she wins the case, which there is a good chance of, they will give her the card back or she will be able to get another card since she is in permanent resident status.

Now, if she loses the case and is removed, that will trigger a 5-year ban. But it is very unlikely that she will lose. And it is also possible to ask the immigration judge for voluntary departure which won't trigger the ban. Don't let the possibility of a ban scare her into voluntarily signing the I-407, because that is giving up a very good chance of being able to stay.

[adhiraj5]

My mother is 84 years, a Green Card holder and she is out of USA since 21st January 2020 (21 months). She could not come back to USA, since the outbreak of pandemic, because of her health conditions, which resulted in repeated hospitalizations in India. In the mean time my father, who was also a green card holder, died in May 2021. Now she wants to be back in USA. Her green card is valid till 2025.

- Does she need to apply ds-117 to know if she can re-enter USA? Does she need SB-1?
- I tried to get a consulate appointment, but it seems there is no slot available in next 3 months
- Will she be denied entry to USA if she does not have SB-1?
- Is there any relaxation in the process for seniors due to the pandemic?

Any help or guidance will be thoroughly appreciated.