How not to loose green card

[hooligunka 0]

My mother-in-law got her green card through her son, American citizen, but she still lives in Mexico and travels once a year to US. Last time she was stopped in the airport and was told that she is going to loose her green card if she won't live in USA. They didn't file for re-entry permit or anything, but they want to keep her green card because she files petitions for her children, who intend to live in USA. She doesn't want to live here, she just uses her green card to bring children to USA. I'm not completely agree with this idea, to me, they could find another way of bringing children, for instance, through my husband, but it's their business. I already told my husband that his mom can loose green card in this situation, but he told me if she travels by bus, nobody can know that she left US, which means in records they don't see that she is abroad, looks like she stays in USA, so no reason of giving up her green card. He said they check it only when she enters US by plane. Previous time she travelled by plane to and from USA, and now she came back again by bus. She is planning to stay here few months and come back to Mexico by bus. So, my husband says, in this situation everything records shows is that she came to US (when it was by plane few months ago) and they don't know if she ever left. To me it looks very weird! If they inspect her when she comes, why they can't keep somewhere in the system that she also left? I told it to my husband, but he said that lots of Mexicans do it and this way they keep their green cards, but live abroad. Is it possible? How does it work? P. S. I'm sorry for possible mistakes, I'm not native speaker.

[SimranS 9]

Yes, it's true that if she leaves the country by bus the CBP wont have any record of it, because there's no passport/green card swiping when exiting the USA. However, when she reenters the US (whether by bus or plane), the officer will ask her how long she's been out of the US, and she would have to lie to them. This might work, but she could also be caught at any time if they question her further or suspect her for any reason of not maintaining her US residence.

[Penguin_ie 5,996]

***** Moving from AOS from Family.... to Travelling during US Immigration forum *****

[NigeriaorBust 4,087]

When it comes time for the interview she will be asked for an affidavit of support and her tax returns. Not only will the child be denied but she will lose her green card.

[hooligunka 0]

Thank you for so quick response! Now she is applying for a job. She doesn't have tax returns neither driver's license. I've already told them about that issues before. But she has affidavit of support, her son is her sponsor. She has had her green card already 4 years and I wonder how she hasn't lost it yet...

[hooligunka 0]

When it comes time for the interview she will be asked for an affidavit of support and her tax returns. Not only will the child be denied but she will lose her green card.

What interview do you mean?

[Penguin_ie 5,996]

What interview do you mean?

You say she wants to petition for her kids. When this happens, she will need to fill out forms including where she's been living, and show her US tax returns. If they don;t discover she has been abusing her greencard privileges beforehand, they will discover it then and will probably deny not only the kids's visas at interview, but may also yank the mom's greencard because of it.

[hooligunka 0]

Oh, got you, you are so right! But I guess she won't have to show tax returns, because she is gonna file petitions for children, but she won't be their sponsor. Her son is already their sponsor. (they have already filled one petition, but it's pending. They are gonna file another one, though. After this one is approved).

[NigeriaorBust 4,087]

If the mother petitions she is the primary sponsor and will have to show her tax returns even if there is another sponsor. No way around that.

[SuperDuper! 230]

***** Moving from AOS from Family.... to Travelling during US Immigration forum *****

Awesome job!