QUESTION
My mom overstayed outside usa for 5yrs. Her greencard still not expired. Can she enter usa with her unexpired greencard?
Asked on Jan 13th, 2018 on Immigration - California
More details to this question:
My mother is a US permanent resident w/ an UNEXPIRED greencard but has overstayed outside the US for 5 yrs now. She is afraid that she might get held at the immigration office at the airport if she does fly over here to the US without a reentry permit. She was denied a reentry permit last time. The difficult Consul who interviewed her for the reentry permit in the Philippines told her that I have to file for a new petition on her, which I believe is ridiculous. I have a friend who's mother had the same situation, and the mom was able to get thru the immigration border at the airport and was just given instructions on what to do (i am unsure if the mom had to pay penalty fees or what). I can get my mother to do the same and risk it, even if we have to just pay penalty fees. I just want her back here with me in the US.
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
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You have hit the nail on the head as to the dilemma that permanent residents face who have remained outside the country for longer than the period of time allowed under the green card. It is the bother, cost, and time of waiting and filing a new petition as opposed to having the person come in and take his/her chances with CBP at the airport with the understanding that a refusal would either have the individual leave the US and surrender the green card or challenge the CBP decision in an immigration court. A loss there could subject her to an order of removal. You should discuss these options with your mother and see what is her tolerance level of risk before you both decide what to do. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Jan 25th, 2018 at 5:17 PM