Daughter green card holder over stayed in US can she go back

870 votes

There are different guidelines of green cards issued by US Immigration.
Depending on the situation of the overstay outside US we can only advice you if your query is in detail.
The spouse depending green card has guidelines of minimum stay period.

Advocate Lalit Valecha LawRato

792 votes

I am assuming that your daughter did not apply for re-entry permit before she left the United States. As you may be aware, remaining outside the United States for more than a year without obtaining re-entry permit casts a serious doubt on one's intention of maintaining lawful permanent residence status in the United States.

Your daughter may try to enter the United States, however, it is up to the discretion of the Customs and Border Protection (CBP) Officer if s/he will let your daughter in into the United States. If the CBP Officer determines that your daughter had abandoned intention of maintaining her permanent residence in the United States, she may be placed in Removal proceedings. However, she will be given an opportunity to challenge the findings of the CBP Officer before an Immigration Judge. As such, your daughter should carry documents showing that she always maintained the intention of travelling back to the United States.

Another option available to your daughter is to apply for Returning Resident (SB-1) visa to avoid any unpleasant surprises at the U.S. post of entry by the CBP Officer.

Advocate Rabindra Kumar Singh LawRato