y aunt is coming back US after 2 yrs. She has green card valid till 2017. I heard GC holder needs to enter US every 6 months. So will there be any problem at immigration. what documents she need to bring with her. Any one facing such situation, suggest meh. Appreciate... 

The returning resident permit should be applied before leaving US if one intends to live out of US for more than year. I believe ur aunt had not applied for permit before leaving US. So she needs to apply for special immigrant visa at US consulate with very reasonable documentation of why she stayed for so long. Getting visa then is a luck.

She comes directly to US, it is for sure she gets deported from immigration.

I think they will let the person come in but they will give her a court date. She has to prove shomething important in the court, proving the situation that compelled her to stay more than 6 months in nepal.

Maintaining Permanent Residence (From USCIS)

You may be found to have abandoned your permanent resident status if you:

• Move to another country intending to live there permanently.
  
  
  
  
  
• Remain outside of the U.S. for more than one year without
  obtaining a re-entry permit or returning resident visa. However in
  determining whether your status has been abandoned, any length of
  absence from the U.S. may be considered, even if it is less than one
  year.
  
  
  
  
• Remain outside of the U.S. for more than two years after
  issuance of a re-entry permit without obtaining a returning resident
  visa. However in determining whether your status has been abandoned any
  length of absence from the U.S. may be considered, even if it is less
  than one year.
  
  
  
  
• Fail to file income tax returns while living outside of the U.S. for any period.
  
  
  
  
  
• Declare yourself a "nonresident" on your tax returns.
  

Although I am not a lawyer, it is going to be problematic, that is for sure. Logically, one is given a GC to stay in the country, not out of the country, unless you have a pretty good reason to stay out of the country. 

the only obvious way to find out how long your aunt has lived in nepal (without treating your aunt like a terrorist and looking at every possible immigration record databases) is by looking at your aunt's passport for departure date of when she left the U.S.

since your aunt is carrying a nepali passport, have her apply for new passport in ktm because she has now LOST her passport in nepal. new passport won't have any departure dates and Green Card should be sufficient for US immigration officers to let her re-entry without any problem. be sure to have your aunt tell the immigration officer she was only in nepal for 2-4 months. like i said, unless your aunt looks like osama, she won't be asked any further question.

this trick works like a charm!

but next time have her apply for extended stay permit before she decides to go live in nepal for more than 6 months.

@ class_clown; u think uscis is dumb and retarded, uscis keep track of ur gc. they scan ur gc to keep track of arrival and departure date.they ask ur status before departure like what u have(citizenship,pr or visa) and they scan to keep track of it.
  u can play those games in nepal, but not in u.s. even in nepal i heard that us embassy now keeps track of number of times u applied visa, because  of those games played by nepali. 
CORRECT ME IF I AM WRONG!!!!!

houston_kancho - see my response below:

u think uscis is dumb and retarded, uscis keep
track of ur gc. they scan ur gc to keep track of arrival and departure
date.-- scanning is done to check the validity of your GC to make sure it's not a fake one. they ask ur status before departure like what u
have(citizenship,pr or visa) and they scan to keep track of it.--this is a SOP (standard operating procedure) for any country / immigration. you cannot let a person from your country fly onto another country without proper visa/citizenship status.
  u
can play those games in nepal, but not in u.s. even in nepal i heard
that us embassy now keeps track of number of times u applied visa,
because  of those games played by nepali. -- as a GC holder you do no business with US embassy in Nepal as  you do not need to apply for visa...the whole point of having GC. If US lets a known terror suspect who was reported by his father in Nigeria to the US embassy get visa and board US airliner...so let's not get into USCIS or any other US intelligence agencies.
CORRECT ME IF I AM WRONG!!!!!

-- in layman term what i am suggesting is not legal but a "trick" to work the system and it's worked for many people who unintentionally broke the law and have no intent to get back to the US and cause any other trouble.

Once again - it sounds like Soil's aunt made this mistake unknowingly and is now seeking for a way to get out of it....so i added my two cents that i know have others in the past :)

Mr. class_clown; your advice for 'changing passport' and understanding of GC is pretty lame. Why? please read to Jhyamma and houston_kanchho's response above.

For other who do not have idea about GC: please note that GC is not given to you to stay in your coutnry for two year (as Soil's aunt did).

Mr./Ms. Soil: would you please explain to us why your aunt styed in Nepal for two years?

class_clown
"-- scanning is done to check the validity of your GC to make sure it's not a fake one "   think of it like using ur credit card purchase. not only they check validity of ur card, but at the same time they keep record of ur spending, like how much  u  spend and where u spend, and that works the same way  at the airport. when they run ur gc or ur visa, they not only check the validity,but at the same time they keep the departure record in their database.
 If US lets a known terror suspect who was reported by his father in Nigeria to the US embassy get visa and board US airliner...so let's not get into USCIS or any other US intelligence agencies.u and i can breach the security of nepal no doubt abt it, but thats doesnt mean that u can do the same at u.s airport especially these days.

whenever the officer at the airport doesnt see the departure stamp, thats the first flag he/she will do some search before he/she lets aunty in.
and finally; lets pray the officer at the airport be lazy and dont go thru  all this like always, enough said.. 

class_clown, your idea won't bear any fruits even in Tribhuwan "International" Airport. This is the United States immigration we're talking about. If they want, they could even bar flies from flying in.

Soil, if your aunt has good $$ balance, have her buy a plane ticket and fly over here. There is a 0.000000000000000000000000000000000000000000000000001% chance, she will be able to get in. While I don't have any intentions of wishing anything evil, she messed it up big time. She could've stayed here and collected welfare check. But each to his or her own though. I won't judge her for her decision but again, the chances of her being able to make it back are pretty rare. Her GC status is terminated.

hahaha you guys must be so bored and so arrogant... you guys are not lawyers. most of you don't seem to even have a green card or even if you did , don't seem to be in the situation like his aunt is in right now. why the hell are you arguing with each other. haha... did soil even said that his aunt does not have a no entry permit? maybe they filed no entry permit before they left. you guys are assuming (making arse out of u and me) and being smartarse..what you should've done is probe, see if they had filed the no entry permit or had some exceptional condition to do so, then - and only then, and if only u knew for sure, you should have giving suggestions.... if u are not sure about something, don't feel shy to stay quiet. please just shut up.. lol... hell i'm not asking  anything on sajha for sure. lol...and immigration thing is not so simple like cutting and pasting from the uscis website.. there might be waivers, special conditions.. it's the most confusing law and u guys act like it's the easiest shyt out there.. please easy on giving advices although it's the easiest thing to do...

She was in Nepal for 2 years already, and she didn't applied for  re-entry permit or returning resident visa when she leave. She didn't like here that time but now she wants to move here again. She is over 50 old lady. So guys don't fight and just give me clear answer whoever have real experience.

Kalopani sire,

I assume you were still high on bholebum's bhang and ganja when you wrote your post because a lot of things that you said made no sense. What's "No Entry" permit that you speak of? Watching too much Bollywood?

Fyi, this is an open forum. Only idiots would come in here to seek some expert and top-notch advice because clearly, this isn't an immigration forum. What many in here are trying to do is throw in their 2 cents worth of opinions and advices, based on what they know. Some might know fk all while some might have a decent knowledge on the subject manner.

I'd highly urge you to drink plenty of water and perhaps, reduce the time you're spending on those Bollywood flicks.

Soil, believe it or not, I had already thought of the conditions that prompted her to leave the country. Who in their right mind would leave the country for 2 years unless she's an elderly Nepali woman. You can't blame her for that. You need an expert advice on this. Don't waste your time on Sajha. Good luck.

Quagmire , sir/madam/none of the mentioned !
You sound like a arrogant retarded A hole .. The guy asked a simple question and rather than helping him out you,questioning the circumstances why the aunt left ...And in what right mind .. A-hole thats none of your concern . If you know the answer to the guys query , then help him , if not then shut the F*** up .

Anyways !
Hey soil , try this website  www.visajourney.com
You'll find lots of people there who will help you and suggest you to the right direction . Just post your question there and you'll find help unlike few idiots in Sajha who seem to know everything about nothing ...Hope this helps .

executioner, I'd urge you to take a class on critical thinking before making idiotic comments.

Soil asked a simple question and I replied to it.

Read this, idiot!

"Soil, if your aunt has good $$ balance, have her buy a plane ticket and
fly over here. There is a
0.000000000000000000000000000000000000000000000000001% chance, she will
be able to get in. While I don't have any intentions of wishing
anything evil, she messed it up big time. She could've stayed here and
collected welfare check. But each to his or her own though. I won't
judge her for her decision but again, the chances of her being able to
make it back are pretty rare. Her GC status is terminated."

I followed it up with:
"Soil, believe it or not, I had already thought of the conditions that
prompted her to leave the country. Who in their right mind would leave
the country for 2 years unless she's an elderly Nepali woman. You can't
blame her for that. You need an expert advice on this. Don't waste your
time on Sajha. Good luck. "

That gave you a hint on me being an arrogant person? And wtf is "a arrogant retarded a hole"? Wonder if you're a 12 year old.

ur aunt will enter US, but might be given court date to prove why she stayed in Nepal for so long. Tell her to bring some documentation with her to prove why she stayed in Nepal for that long. This is not dead end. Euta na euta bato huncha yesto kura ma. Kurai sakiyo bhanna mildaina. I am saying this because I have seen one person returning after 4 years, and got the court date asking to prove why he stayed in Nepal for so long. He went back to Nepal for good, because he thought his family needed him more and couldnt stay apart from them again, still I get his immigration letter once in a while regarding the GC so they can fix the court date. Pauna pani time lagcha, gumauna pani time lagcha..maile dekhe anusar..and I am also not a lawyer. :)

Quag, i meant to say re-entry permit, form I-131. sorry for the typo, i said "no entry". but again, i'm not the one who's being smartarse and claming to be expert on the subject i don't know, you are. if you were such an expert on the immigration law you would've picked up my mistake and know what i meant to say. maybe, u need to smoke some bhole baba's parsadi and relax.

    I comdemn the fact that everyone jumps here on giving suggestions about immigration problems like they're expert on the matter, but in reality they don't know crraap and all they are doing is creating assumptions and panic...it's one thing to say, i've heard this or i've been through this with personal experience but  it's a total b.s and arrogance to claim what exactly will happen when u don't even know all the facts. when i posted the massage had not mentoned if his aunt had filed the re-entry permit or not. .if you're not expert on something you should just shut up and let others who know talk about the matter.. dude, learn to take constructive criticism, it will help you.. remember, cruels are cowards...

"She could've stayed here and collected welfare check. But each to his or her own though. I won't judge her for her decision but again, the chances of her being able to make it back are pretty rare. Her GC status is terminated. "

Who are you to tell her that collecting wellfare is better than going back to the home country. and Who the hell are you to claim with confidence that her green card is terminated?  you're acting like you're a spokesperson of USCIS for Sajha.com.. maybe, thats why executioner and i think you're arrogant. rather than telling others what classes to take why don't you work on your attitude..

Mr. Soil:

Don't rely on those advice/suggestions that contains "I guess", "I think", "May be, Might be", "Probably", "Possibly".

Quagmire's statement is partially correct here. One of my relatives went through the same kind of problem. He finally had to reapply for the new immigrant visa by presenting documents that said that he was required to stay at Kathmandu due to his serious illness. His doctor had to issue a strong supporting document that defended him for being required to stay at Kathmandu for more than a year. However, he did not have to hire any lawyer.

He had a hard time to go through the process with some many documents. Fortunately he finally made it. He got a new immigrant visa.

Kalopani, You don't really seem like a "defensive minded" type to me but rather, you sound like a stuck up. You asked me to take some classes for to enhance my constructive criticism skills but I'd highly suggest you to take a class to better your grasp in the language first. Where did I make a judgment? Apparently, I told Soil that I didn't intend anything evil for him/her. Further, I pondered if the reason on his aunt leaving the states was partially due to the fact that the woman fell in a "welfare collector" group.

Fyi, if you didn't know, a lot of Nepali (budha pakas) with Green Cards collect Welfare checks and your typical Nepali mentality is clouding the reason! The ones who collect these checks are "phogatya/Kaam napayeko" Nepalese but rather, uneducated or unskilled folks. This is true in many cases of Nepali (budha pakas) who are over 45 or so. They can't work because they lack the skills or education and their immigration status allows them to collect those checks! There's nothing wrong with that. Also, since they don't work or can't drive, they get bored. Hence many seek to return back or wish to live in a community full of Nepalis to kill their boredom.

Fyi, I have a Green Card and like I've already said before, Sajha is the last place you'd wish to come to seek some expert advices on immigration issues. Clear your mind and broaden your views.

Have a good day.