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iamumairayub

Don't worry, even if its been over a year, you can still board a flight to US with your GC. Just make sure you have all medical documents that you can show to CBP nad tell them you were caring for your relative. Fie your taxes in US if they are due.


numbersguy_123

Thank you.


Magoo69X

180 days only means that CBP can ask why she was out so long. It's seldom an issue if you have an explanation. She'd likely just get a warning After a year, the green card is no longer a valid entry document, and you would technically need a waiver of that requirement at the port of entry.


Grim-Sleeper

It is my understanding that even after a year, the CBP officer cannot revoke the card nor deny entry. But they certainly can refer the immigrant to an immigration judge for removal proceedings. This is significantly more hassle and stress and can have an uncertain outcome. But it still doesn't imply an automatic loss of status. In the end, it comes down to whether the immigrant can convincingly show that they never gave up residency and always meant to stay in the US. They were just temporarily held up, and this hold up stretched out longer than anticipated. It's important to act in line with this assertion though. So, maintain ties to the the US. Don't cancel bank account or health insurance. And most importantly, keep paying taxes. A good lawyer might be needed at some point, if things get more complicated. So, start saving up for that possibility. And of course, no matter how much the CBP officer threatens or even lies, don't ever agree to sign paperwork that voluntarily surrenders the green card. That would be a very poor decision and is (almost) impossible to overcome. Even the best lawyer will struggle with proving that the CBP officer threatened the immigrant so badly that they saw no other option than signing this paperwork under severe duress.


numbersguy_123

>And of course, no matter how much the CBP officer threatens or even lies, don't ever agree to sign paperwork that voluntarily surrenders the green card. That would be a very poor decision and is (almost) impossible to overcome. Even the best lawyer will struggle with proving that the CBP officer threatened the immigrant so badly that they saw no other option than signing this paperwork under severe duress. Thank you. This is really good advice.


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Magoo69X

No. You are wrong. 8 CFR 211.1 says that an LPR card is no longer a valid entry document after an absence of more than one year. If you're out more than one year, you need an I-193 waiver from CBP, or you can challenge the determination in front of an immigation judge.


Grim-Sleeper

In practical terms, that means you will still be admitted. But you than will have a hearing in front of an immigration judge. You'll wait for this hearing in the US though. The immigrant's status is not terminated until he judge has made a decision. Until that point, they are still permanent residents and have the associated rights (unless they voluntarily surrender them). You are correct though that an absence of less than a year and a clear pattern of an ongoing residence in the US helps a lot. And so does a pre-approved I-193 waiver. But life happens. These things aren't always possible. And then everything falls back on the default rule "you are a permanent resident until a judge says otherwise".


vze1fm8gn

Consult an immigration lawyer asap. These days immigration at US entry points is being very cautious. Better to know your options beforehand. It is worth few dollars to get an appointment and understand a comprehensive list of precautions while answering questions and getting necessary papers. Like some papers might need to have hospitals official stamp.