Entered US in the 1950's

[Canada2USA 0]

I am a new poster and I have an odd situation. I am helping my mother who is turning 50 "clean up" her unknown status. She entered the US in the late 1950's as a four year old child with her parents. She was assigned an A number and she also obtained a border crossing card shortly thereafter to visit family in Canada on a routine basis. Her parents both died recently and she obtained her A number via FOIA procedures at that time. She has no green card and she has been living in the US continuously since the 50's. She married my father (a US citizen) about thirty years ago and had four children. She has an SS number, driver's license, etc. She has been working for the past 10 years or so and has grown concerned about her status. We are preparing to file a Form i-90 to eventually get us to the N-400. However, I am not sure whether: (i) she will need to somehow renew her green card before filing the N-400; and (ii) whether this procedure will place her at some risk of removal. She consulted an attorney that helped here obtain her A number, but was of no help otherwise. Do any of you have a suggestion or advice on how to proceed?

Thanks!

[eau_xplain 2]

I would suggest a consultation with a knowledgeable immigration lawyer as there could be other immigration laws governing your mom's status.

[YuAndDan 153]

She may have green-card just never renewed it, I would file an I-90 to renew the card.

Green-card up to a few years ago were non-expiring.

"Boarder Crossing Card" sounds much like a green-card.

[payxibka 10,047]

She may have green-card just never renewed it, I would file an I-90 to renew the card.

Green-card up to a few years ago were non-expiring.

"Boarder Crossing Card" sounds much like a green-card.

a BCC is not at all like or to be confused as a green card

[lucyrich 20]

It's definitely time to go attorney shopping. Consult with a few.

In immigration matters, the alien always has the burden of proof. Whether she has status or not, I couldn't say, but it sounds like she has no evidence of her status, so she's in a somewhat precarious position.

If she's out of status, then filing an I-90 or N-400 could definitely put her at risk of removal.

If she's had green card status all along, and just lost the card years ago, she may be ok.

[tanyaru 3]

I am a new poster and I have an odd situation. I am helping my mother who is turning 50 "clean up" her unknown status. She entered the US in the late 1950's as a four year old child with her parents. She was assigned an A number and she also obtained a border crossing card shortly thereafter to visit family in Canada on a routine basis. Her parents both died recently and she obtained her A number via FOIA procedures at that time. She has no green card and she has been living in the US continuously since the 50's. She married my father (a US citizen) about thirty years ago and had four children. She has an SS number, driver's license, etc. She has been working for the past 10 years or so and has grown concerned about her status. We are preparing to file a Form i-90 to eventually get us to the N-400. However, I am not sure whether: (i) she will need to somehow renew her green card before filing the N-400; and (ii) whether this procedure will place her at some risk of removal. She consulted an attorney that helped here obtain her A number, but was of no help otherwise. Do any of you have a suggestion or advice on how to proceed?

Thanks!

Is she still married to your farther??? If yes that is a good sign. because if it turns out she is not an LPR you have a path right here to file for PR based on her entering legally and being married to USC. I really don`t know how you should do that but you have to figure out her status first. What about her parents by the way??? Are they PRs or USCs or neither??? If they gained their status before she turned 18 years old she was suppose to get that status accordingly. If non of that apply then she is probably not a PR regardless of having alien number (it is not only issued for PRs). So it all starts for you to figuring out her status and it is going to go easier after that.

If she is a PR then she doesn`t have a reson to be placed in removal.

If she isn`t a PR file for PR based on marriage to USC immidiatly. After paperwork is accepted and pending there shold be no problems until decision.

Let me ask you this: did she vote in any presidential election in USA??? If yes and she turnes out not to be a USC then you have a big problem. Just a reference.

Hope it all works out. Good luck.

Edited September 29, 2008 by tanyaru