Mom was denied Entry back in the USA

[Patty1]

What is the name of your state (only U.S. law)? Illinois

My mother left to Mexico last year, she tried to re-enter the USA and was denied entry, I don't have details but I believed it was because she over extended the period of time she was allowed to be in Mexico. is there nothing we can do to bring her back? please helppppp!!!

 

[OHRoadwarrior]

If she has a green card, tell her to go to the US consulate and request a reentry permit. This explains what happened.

http://www.uscis.gov/sites/default/files/USCIS/Resources/B5en.pdf

 

[t74]

returning resident not reentry permit

 

[Proserpina]

And OP can read more here: http://travel.state.gov/content/visas/english/immigrate/types/returning-residents.html

 

[PaulMass]

You need to determine why mom was denied entry. A CBP agent is not authorized to make a determination of abandonment. If CBP believe an LPR has abandoned his or her residence, the LPR should be issued a Notice to Appear (NTA) and put into removal proceedings. Sometimes, however, CBP tries to get LPRs to sign a statement indicating relinquishment of permanent residence, an I-407, and to leave the US.

You probably need an attorney.

 

[Zigner]

You need to determine why mom was denied entry. A CBP agent is not authorized to make a determination of abandonment. If CBP believe an LPR has abandoned his or her residence, the LPR should be issued a Notice to Appear (NTA) and put into removal proceedings. Sometimes, however, CBP tries to get LPRs to sign a statement indicating relinquishment of permanent residence, an I-407, and to leave the US.

You probably need an attorney.

What do you mean by "...leave the US."? The person in question is already outside the US.

 

[Proserpina]

There's also the fact that border agents can legally refuse you entry....even if you're a PR.

https://help.cbp.gov/app/answers/detail/a_id/757/~/friend,-relative,-etc.-denied-entry-to-the-u.s.

Of course, there's this.... http://www.dhs.gov/dhs-trip

And this... https://www.aclu.org/files/kyr/kyr_english_5.pdf


So now we've established that the nice people at the airport can legally stop you - again, even if you're a resident - it's probably best to wait for the OP to return.

 

[LdiJ]

There's also the fact that border agents can legally refuse you entry....even if you're a PR.

https://help.cbp.gov/app/answers/detail/a_id/757/~/friend,-relative,-etc.-denied-entry-to-the-u.s.

Of course, there's this.... http://www.dhs.gov/dhs-trip

And this... https://www.aclu.org/files/kyr/kyr_english_5.pdf


So now we've established that the nice people at the airport can legally stop you - again, even if you're a resident - it's probably best to wait for the OP to return.

Pro, none of those links really address permanent residents. They all address valid reasons to deny someone entry, which could also apply to permanent residents or even citizens in some circumstances (I am thinking known ISIS members trying to come back to the US, as an example) but they don't really address this woman's issue.

What I suspect has happened here is that this woman stayed out of the US longer than she was allowed to do so under the rules for permanent residents and the border guards picked up on that in her documents and therefore denied her re-entry. However, she is still entitled to due process...however that due process works.

She needs a consult with an attorney.

 

[OHRoadwarrior]

The link I provided addresses that specific scenario. It says to contact the US Consulate in the country where you are. They can then assist with getting the re-entry permit which should have been obtained before leaving and forgiveness from the Secty of State.

Pro, none of those links really address permanent residents. They all address valid reasons to deny someone entry, which could also apply to permanent residents or even citizens in some circumstances (I am thinking known ISIS members trying to come back to the US, as an example) but they don't really address this woman's issue.

What I suspect has happened here is that this woman stayed out of the US longer than she was allowed to do so under the rules for permanent residents and the border guards picked up on that in her documents and therefore denied her re-entry. However, she is still entitled to due process...however that due process works.

She needs a consult with an attorney.

 

[Proserpina]

Pro, none of those links really address permanent residents. They all address valid reasons to deny someone entry, which could also apply to permanent residents or even citizens in some circumstances (I am thinking known ISIS members trying to come back to the US, as an example) but they don't really address this woman's issue

What I suspect has happened here is that this woman stayed out of the US longer than she was allowed to do so under the rules for permanent residents and the border guards picked up on that in her documents and therefore denied her re-entry. However, she is still entitled to due process...however that due process works.

She needs a consult with an attorney.

I thought it was a foregone conclusion that her issues come from staying away too long.

(This is from the state: http://travel.state.gov/content/visas/english/immigrate/types/returning-residents.html

A provision exists under U.S. visa law for the issuance of a returning resident special immigrant visa to an LPR who remained outside the United States due to circumstances beyond his/her control. This webpage is about Returning Resident Visas. If you are an LPR unable to return to the United States within the travel validity period of the green card (1 year) or the validity of the Re-entry Permit (2 years), you may be eligible and can apply at the nearest U.S. Embassy or Consulate for a Returning Resident (SB-1) immigrant visa.

How is that not relevant ? It could absolutely be relevant to the mother... given that OP hasn't returned...


Next:



http://www.immihelp.com/greencard/returning-resident-visa.html , <- much easier to read

Scroll down a bit.

(Jeez this stuff gets monotous)

Next...

http://www.alllaw.com/articles/nolo/us-immigration/applying-green-card-after-abandonment-residence.html


Oh.. the ACLU link? My completely un-snarky freebie just in case.

Am I reading something that's not there?

 

[OHRoadwarrior]

Yeah Pro it is the I-131. It can be issued for up to 2 years initially and then if applied for again only 1 year. I don't think the US Consulate will have much problem getting the reentry denial waived by the Secty of State and the reentry permit processed so she can come back to the US.

 

[Proserpina]

Le sigh.

character limit thingy

 

[OHRoadwarrior]

Not sure if we found common ground on the same side or you gave up with dealing with me to be hopeless. BTW though the I-131 would be correct an SB-1/DS-117 will likely speed things up.

http://travel.state.gov/content/visas/english/immigrate/types/returning-residents.html

Le sigh.

character limit thingy

 

[Zigner]

Yeah Pro it is the I-131. It can be issued for up to 2 years initially and then if applied for again only 1 year. I don't think the US Consulate will have much problem getting the reentry denial waived by the Secty of State and the reentry permit processed so she can come back to the US.

How do you know that it hasn't already been applied for and granted with an extension?

 

[LdiJ]

How do you know that it hasn't already been applied for and granted with an extension?

The OP did say that his mother went to Mexico "last year", which would indicate that she has not been gone two years.