Cassiedee

Hello.. I hope someone can answer me and give me the right
information. My friend's mother is a greencard holder and her
greencard has an expiry date of 2004. She had to go back to their
country in 1994 and has not been back to the USA since.

Now she wants to come back here. Does anyone know if her Port Of
Entry will give her a hard time because she has not been back to the
US for 9 years? How will the BCIS officers at the Port of Entry find
out? Is it going to show in the computer or does the new greencard
with a barcode tell you when you last stepped out of the US? Her
greencard is not expired... and she lost her passport two years ago
therefore she is using a new passport now.

Thanks for any insight.

Folinskyinla

Hi:

Your mother probably has big problems. How will they know? -- They ask, that's how. Also, entries and exits are recrorded.

The law on this is quite complicated. It is clear that the I-551 card itself is NOT a valid document to return.

IF your mother has a valid claim to being a returning resident, then she has to apply for an "SB-1" special immigrant visa at a US embassy. The application is made on Form DS-117.

You may want to consult with an attorney familiar with abandonment issues. When trying to find out about the competence of the attorney -- ask about the "Huang" and "Kane" cases. Those are the mother of abandoment cases.

Cassiedee

Thanks so much for your quick reply. I will inform her to consult a lawyer.

Mrtravel

It is likely that she would be considered to have abandoned her PR
status if she was gone for 9 years. They will ask her at the point of
entry how long her absense was. Rule #1.. DO NOT LIE
To lie about this would be grounds for a ban.