Expired GC and USC want to go to US

[jilliannep 13]

I am asking this on behalf of a friend of mine. She (a USC) and her husband (an Indian citizen and former green card holder) have been married for 28 years and now live in India. They lived in the US for 26 years and his green card recently expired.

Before that happened, my friend petitioned for him to get back into the US. Here's where things get funky. She said that she filled out all the paperwork and the USCIS was supposed to send her Packet 3. I asked her if she was sure that this is what they said she needed to fill out (I knew she had to do packet 4) and she confirmed. She sent it in and hasn't heard from them since... that was a year ago.

I suggested that she contact her home senator, but I honestly think she needs to start from scratch. What should her next course of action be in order to get her and her husband back to the US?

In this particular case, what is the best option?

[TimeTravel 78]

I am asking this on behalf of a friend of mine. She (a USC) and her husband (an Indian citizen and former green card holder) have been married for 28 years and now live in India. They lived in the US for 26 years and his green card recently expired.

Before that happened, my friend petitioned for him to get back into the US. Here's where things get funky. She said that she filled out all the paperwork and the USCIS was supposed to send her Packet 3. I asked her if she was sure that this is what they said she needed to fill out (I knew she had to do packet 4) and she confirmed. She sent it in and hasn't heard from them since... that was a year ago.

I suggested that she contact her home senator, but I honestly think she needs to start from scratch. What should her next course of action be in order to get her and her husband back to the US?

In this particular case, what is the best option?

I would suggest for her to look for legal advice thru an attorney.

How to Renew a Green Card If You Are Outside the United States

If you are outside the United States and your green card will expire within 6 months (but you will return within 1 year of your departure from the United States and before the card expires), you should file for your renewal card as soon as you return to the United States.

If you are outside of the United States when the card expires and you have not applied for the renewal card prior to your departure, you should contact the nearest U.S. Consulate, USCIS office, or U.S. port of entry before attempting to file Form I-90 for a renewal green card.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextchannel=8ae33a4107083210VgnVCM100000082ca60aRCRD

[Harpa Timsah 13,258]

No one can give any advice without a clear outlining of the history, and what she filed for. It sounds like he has abandoned his residence so he cannot renew from abroad. She applied for something (a new spousal visa) but we'll need to know what.

[wait4mycall 0]

I am asking this on behalf of a friend of mine. She (a USC) and her husband (an Indian citizen and former green card holder) have been married for 28 years and now live in India. They lived in the US for 26 years and his green card recently expired.

Before that happened, my friend petitioned for him to get back into the US. Here's where things get funky. She said that she filled out all the paperwork and the USCIS was supposed to send her Packet 3. I asked her if she was sure that this is what they said she needed to fill out (I knew she had to do packet 4) and she confirmed. She sent it in and hasn't heard from them since... that was a year ago.

I suggested that she contact her home senator, but I honestly think she needs to start from scratch. What should her next course of action be in order to get her and her husband back to the US?

In this particular case, what is the best option?

I am thinking that your friend should be able to submit paperwork using Direct Consular Filing ( DCF) process if she got recognized herself as US expat in the local FRO. DS-130 and IR1 are the next steps to follow.

[Ryan H 3,810]

DS-130 and IR1 are the next steps to follow.

There is no DS-130, the form filed to begin the immigration process if they do in fact have to start over is the I-130. The DS-230 comes at a later point.

[jilliannep 13]

No one can give any advice without a clear outlining of the history, and what she filed for.

Well, I'm not completely sure myself. But the fact that she said that she filed a packet 3 makes me think that she was on the K3 visa track. This is why it's so confusing. She also had a PIO card if this is of any help.

[rok 3]

if you have lived outside of US for a couple of years, your Permanent Resident Status is revoked and your green card is invalid and you cannot renew it. If any Permanent Resident lives outside of US more than 1 year without Re Entry Permit, 2 years with Re Entry Premit, USCIS will consider that you abandon your Permanent Resident Status. If that's your case, you have to start green card process all over again from the beginning.

[sunshine_84 11]

I am asking this on behalf of a friend of mine. She (a USC) and her husband (an Indian citizen and former green card holder) have been married for 28 years and now live in India. They lived in the US for 26 years and his green card recently expired.

Before that happened, my friend petitioned for him to get back into the US. Here's where things get funky. She said that she filled out all the paperwork and the USCIS was supposed to send her Packet 3. I asked her if she was sure that this is what they said she needed to fill out (I knew she had to do packet 4) and she confirmed. She sent it in and hasn't heard from them since... that was a year ago.

I suggested that she contact her home senator, but I honestly think she needs to start from scratch. What should her next course of action be in order to get her and her husband back to the US?

In this particular case, what is the best option?

which paperwork she filled out? Of course her husband will loose his green card if he stays outside US for more than 364 consecutive days without a re-entry permit issued. otherwise green card is not longer valid and have to start the whole immigration process again.

[jilliannep 13]

otherwise green card is not longer valid and have to start the whole immigration process again.

Thanks everyone. I had a feeling that this would be the solution but didn't have the heart to tell her. And I don't know what paperwork she initially filled out, but whatever she did, she messed up badly. Oh well.