Tricky questions for a friend

[JessiPooh 0]

Hello guys. I hope that someone can help me. I have a friend who came to the US from England when she was 4 or 5. She came on a visitor's visa but her mom married a military man and he filed for them. She says that her PR expired when she turned 21 b/c she was no longer a military dependent...I thought they didn't expire. Here is a little more info she gave me through e-mail:

"As far as I can remember, mom's husband (the military guy)did do the paperwork for us, I have a permanant resident alien card, that I was told expired when I was 21 because I am no longer a military dependant, just like my military ID card did, I just didn't find out till last year...when I looked up what laws I could find that seemed right. I entered the country on a vacation visa I think and we stayed and got green cards, I remember the day we took the picture. I have a social secrity # and license. I don't know what else I can tell you about that."

So what do you guys think?

She is married to a USC and has a duaghter. Does she file and I-130 and AOS based on marriage to USC???

TIA

[Gaby&Talbert 1]

Hello guys. I hope that someone can help me. I have a friend who came to the US from England when she was 4 or 5. She came on a visitor's visa but her mom married a military man and he filed for them. She says that her PR expired when she turned 21 b/c she was no longer a military dependent...I thought they didn't expire. Here is a little more info she gave me through e-mail:

"As far as I can remember, mom's husband (the military guy)did do the paperwork for us, I have a permanant resident alien card, that I was told expired when I was 21 because I am no longer a military dependant, just like my military ID card did, I just didn't find out till last year...when I looked up what laws I could find that seemed right. I entered the country on a vacation visa I think and we stayed and got green cards, I remember the day we took the picture. I have a social secrity # and license. I don't know what else I can tell you about that."

So what do you guys think?

She is married to a USC and has a duaghter. Does she file and I-130 and AOS based on marriage to USC???

TIA

Does her greencard have an expiration date? Unless there is something unique about the military she should be fine. Should should just contact USCIS and ask about getting a new greencard.

[Minya's wife 25]

Hello guys. I hope that someone can help me. I have a friend who came to the US from England when she was 4 or 5. She came on a visitor's visa but her mom married a military man and he filed for them. She says that her PR expired when she turned 21 b/c she was no longer a military dependent...I thought they didn't expire. Here is a little more info she gave me through e-mail:

"As far as I can remember, mom's husband (the military guy)did do the paperwork for us, I have a permanant resident alien card, that I was told expired when I was 21 because I am no longer a military dependant, just like my military ID card did, I just didn't find out till last year...when I looked up what laws I could find that seemed right. I entered the country on a vacation visa I think and we stayed and got green cards, I remember the day we took the picture. I have a social secrity # and license. I don't know what else I can tell you about that."

So what do you guys think?

She is married to a USC and has a duaghter. Does she file and I-130 and AOS based on marriage to USC???

TIA

I belive Permanent Residency expires 10 years after issuance, if not renewed and if the path to citizenship is not pursued. Or perhaps if one is a minor when attaining permanent residency, perhaps then yes, it would be until the age of 21 that it expires.

I really don't know, but I'm sure someone will come along with more knowledge. Has your friend consulted with an immigration attorney? If she does not have a valid Permanent Residence Card or Citizenship, she may be in somewhat of a limbo as far as her immigration status is concerned. Definitely worth further research and perhaps a legal consultation, I think....certainly before deciding what immigration benefits to apply for.

Good luck,

-P

[soulprovider915 4]

Hello guys. I hope that someone can help me. I have a friend who came to the US from England when she was 4 or 5. She came on a visitor's visa but her mom married a military man and he filed for them. She says that her PR expired when she turned 21 b/c she was no longer a military dependent...I thought they didn't expire. Here is a little more info she gave me through e-mail:

"As far as I can remember, mom's husband (the military guy)did do the paperwork for us, I have a permanant resident alien card, that I was told expired when I was 21 because I am no longer a military dependant, just like my military ID card did, I just didn't find out till last year...when I looked up what laws I could find that seemed right. I entered the country on a vacation visa I think and we stayed and got green cards, I remember the day we took the picture. I have a social secrity # and license. I don't know what else I can tell you about that."

So what do you guys think?

She is married to a USC and has a duaghter. Does she file and I-130 and AOS based on marriage to USC???

TIA

She should just renew her green card. And then apply for citizenship. You can't adjust status if you already have a green card. Even though the card expires your permanent resident status never expires.

[Minya's wife 25]

Right, what sp915 said....the card expires, not the actual residency status. Sorry for the confusion.

Once permanent residency is approved it will remain valid as long as the person continues to reside the majority of the time in the U.S. and complies with the legal conditions for permanent residency.

Source

Your friend should be fine...but she definitely should see about replacing her greencard.

-P

Edited July 22, 2008 by Minya's wife

[JessiPooh 0]

Thanks guys I kept saying the same thing. You just have to renew but just in case I had to ask hehe.