Tourist visa for green card holder

[J e n n y 26]

Hi, everyone- so my mother is currently living in Paraguay, her country of citizenship. She lived here in the U.S. from 1983 to 2007. She's been in PY since 2007 (she came to visit about 3x for a few weeks each trip since '07). She holds a green card with no expiration date. Her green card is not in great shape but she hasn't had a chance to get a replacement one just yet. We want her to come visit us in a few months but we are not sure if she should take the chance and come to the U.S. with her current green card OR apply for a tourist visa at the US Embassy in Asuncion.

Does anyone have any thoughts or advice?

Thanks.

Note: The last time she came to visit was last year, and she said that in Miami the customs officer said that she would have to apply for a new green card even though hers doesn't have an exp. date.

[Anh map 2,098]

The laws have changes and now every green card does have to be renewed regardless of what it says on your mom's card. Your mom should check to be sure that her GC is not expired/invalid.

[Noah Lot 391]

sounds like she doesn't want her GC anymore, and if she has been outside the US for more than one continuous year, her residency has likely been terminated. If she wants to visit, she should go to the US embassy, voluntarly relinquish her GC and then ask for a tourist visa.

Edited November 1, 2011 by Noah Lot

[J e n n y 26]

The laws have changes and now every green card does have to be renewed regardless of what it says on your mom's card. Your mom should check to be sure that her GC is not expired/invalid.

No, the laws have not yet changed.

"Other existing Green Cards have no expiration date, and those cards remain valid." - Source: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ab8c3893c4888210VgnVCM100000082ca60aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD

[J e n n y 26]

sounds like she doesn't want her GC anymore, and if she has been outside the US for more than one continuous year, her residency has likely been terminated. If she wants to visit, she should go to the US embassy, voluntarly relinquish her GC and then ask for a tourist visa.

Ok, that might be what she has to do. Would you happen to know what kind of documents they need to see to issue a tourist visa?...

[Anh map 2,098]

No, the laws have not yet changed.

"Other existing Green Cards have no expiration date, and those cards remain valid." - Source: http://www.uscis.gov...00045f3d6a1RCRD

Unfortunately the CBP officers don't always see it that way. Your mom won't win a debate with the customs official when she's at the airport. And then she's left to try and undo a tangle of red tape. The safest path is to obtain an updated card unless as Noah suggested she no longer wished to maintain LPR status.

There have been several stories in the local and national news about persons holding the "old" cards being admitted and being pressured / coerced into signing statements upon entry that they are in violation of the immigration laws. These are people that have been in the US for 20+ years. Causes lots of stress for the person and their families.

[Noah Lot 391]

Ok, that might be what she has to do. Would you happen to know what kind of documents they need to see to issue a tourist visa?...

If she really does not want to keep her GC, she should consider turning it in while applying for a tourist visa. If, on the other hand, she does wish to keep her GC, she will likely have to file for something called a 'returning resident' application, in which she has to prove that her prolonged absence from the US were for reasons beyond her control (like being in a coma for several years).

[Brother Hesekiel 2,236]

A Green Card without an expiration date on it is worth its weight in gold. I would not throw a gold Rolex in the trashcan because an immigration officer sees it differently than the law dictates. Instead I would print out the relevant law and show it to him, or ask to see a supervisor instead.

For those who do not seek any confrontation, a "sure, thanks for the information; I'll send out an I-90 form for a new one tomorrow" will help, while secretly showing the erected middle finger to the dude.

[Harsh_77 718]

No, the laws have not yet changed.

"Other existing Green Cards have no expiration date, and those cards remain valid." - Source: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ab8c3893c4888210VgnVCM100000082ca60aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD

If you look at the section which address your issue :

Other existing Green Cards have no expiration date, and those cards remain valid. USCIS recommends that holders of cards without an expiration date apply to replace their cards with the redesigned version.

USCIS recommends you get your card replaced.. which is basically apply to get a new card which will have expiry date.

Also in your case first thing you need to check is her Perm status is still valid since she has been out of US for quite some time. If her status is good then she can apply for new card and she should be good to go.

If the status is not good then she should return the card to nearest embassy and then apply for tourist visa to visit.