Questions about Green Card - possible to renew? Please read

[uscdncitizen 0]

Hi Everyone,

I'm new to these forums - have a question for everybody.

My wife, a Canadian citizen, had a US Green Card when she was a baby. Her parents filed for one back in 1984 and were successful in obtaining one for her and the family. They've lost her green card since so we have no record of the number - only the state it was issued in and the year.

Is there any way to renew her green card? I know that people say once you're out of the US for a year, it's an 'abandonment' - but is there an appeal process at all? Like appearing before a judge and pleading your case?

I'm a US citizen and we're moving down to the US in 2 months as my job is relocated. I need to get her paperwork sorted out ASAP. I'm hoping that this is something possible because filing for a brand new green card will take up to a year and that doesn't work !

Thanks for your help.

[Sweetcheeksss 91]

For sure if she's been out of the US for over 2 years (sometimes even less) the chance of her "renewing" her green card are none.

As someone else mentioned in the other thread you started, there really is NO way for your wife to live with you (even if she just stayed home full time) in the US without an immigrant visa. The minute the CBP officer realizes y'all are married and that you are moving to the US to begin working & living, in my opinion - it will be almost impossible to convince them that your wife has no immigrant intent. Especially since you have started the process of selling your house in Canada, she would have to have pretty compelling evidence to prove to the officer that she'd come back to Canada.

I'm sorry to say, it looks like the only way for her to get to live with you is to file for an immigrant visa.

[Brother Hesekiel 2,236]

What happened in 1984 is a story long forgotten. Her status as a permanent resident expired over 2 decades ago due to abandonment and cannot be revived. You probably get lucky that she was not deported in absentia when the mail from INS bounced back as undeliverable, as those early cards did not have an expiration date on them.

[NickD 203]

Use to be, even until very recently a Canadian or US citizen could spend as much time across their home countries borders as long as they wanted. As long as you didn't vote, work, or attempt to get a drivers license. Even though I have spent many months working in Canada, the Canadian country paid my US based company for my services, and the US government took about half my wages in taxes, so I guess everybody was happy except me. But I could not work directly for that Canadian company. Didn't need a passport, no limits on length of stay,

Really don't know how things have changed recently, like coming from a different country do they issue you an I-94 that limits your stay? Was in Canada last year, nothing like that, no tourist visa, happy to take my Master Card, could still be there, could rent a place, just couldn't work, I think the opposite holds true for Canadians coming here, you are here legally with your Canadian passport, just can't work nor vote. Just saying this as really no reason to have to separate, the paper work can be done here. Even more weight if you have kids that should automatically be US citizens.

USCIS isn't really a hardass on this subject in trying to split up a family, and its not like you married that person here, you are already married. Just seems like you have to go through that I-130, I-485, I-693, I-864, G-325A thing for your wife, will be asked the questions as to whether you were already a LPR, but mostly if you were here and deported for any reason. Can send in the entire pile at once with a big fat check, and within a couple of weeks should get a NOA, where now your wife is here legally. But still cannot work nor apply for an SS card, or a drivers' license. Applying for an EAD card with an I-765 may cut that wait down by a couple of months.

If you are working for the same company and being transferred, should have an immigration department in that company, since they are transferring you and your family, may even do all the paper work for you and pick up the tab. And for them, its 100% tax deductible, but not for the individual. With practically all corporations being international with a global economy, this practice of shifting families all over the world is quite common.

Read the previous two post, in my opinion, quite harsh, but were based on the assumption of what little information you provided. The most important thing is keeping your family together. Your wife had no choice in this matter and assume she was a minor when all this took place.

[hikergirl 277]

The green card your wife received as a child is long considered abandoned by her residing back in Canada for a long period of time.

The process of a company transferring you and your spouse coming along with you does not apply as that is as an accompanying spouse to a work visa.

For your wife to cross the border to reside (immigrate) she WILL require a Visa. The paperwork CANNOT be done from the US side of the border as you cannot enter as a visitor with the intent to immigrate as this can result in a ban.

[Kathryn41 3,205]

Moving this thread from US Citizenship Discussion to CR-1 forum as this is not a citizenship issue:

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Moderator hat off . . .

As unpalatable as it is, you are going to have to face the reality that your wife needs an immigrant visa before she will be allowed to live in the US with you. I know you do not wish to be separated. No couple wants to be, yet many do go through periods of separation because of necessity. In this case, the requirements of an immigration visa and the timing of your new job mean this is one of those necessities.

The paperwork takes approximately a year. As Hikergirl metioned, your wife is not eligible to file to become a permanent resident from within the US. She has immigrant intent and in all likelihood such an application would be denied and you would then have to start the visa paperwork with her outside of the US, possibly dealing with a ban on re-entering the US until she has the visa. As others mentioned in this thread, the green card she had as a child has long since been cancelled. There is no option under US law to re-instate an expired green card under the circumstances you have outlined. An Immigration judge would not be able to change to law to make this happen. It is not a matter of pleading individual circumstances; it is a matter of US immigration law.

You may wish to put selling your house on hold for the meantime, plan on you moving down to start work and to 'scout' out the territory, renting instead of buying for the year it takes for the paperwork to process, and when she is close to the time of getting her visa, then putting your house back on the market. You may find your employer willing to pick up some of the relocation costs involved in renting until the time she is able to move to the US as this is definitely an expense related to your relocation.

One of the things you as the US citizen also need to do in order for your wife to obtain a CR-1 visa is to prove 'domicile' in the US. That means before your wife can be approved you need to have re-established ties in the US yourself and have proof of that This appears to be a bigger issue for the US Consulate in Montreal than for many other countries so you may wish to read the thread on establishing domicile that is pinned at the top of the Canada forum'.

Your wife will be allowed to visit you as long as she can provide proof of her ties to Canada each and every time she crosses the border.

USCIS really is not too concerned with the impacts such situations have on families. You will not find them sympathetic to your situation. The sooner you get started on the visa paperwork, the sooner it will get done and the sooner you will all be able to be together in the US. In the meantime, plan on how you are going to manage having to live in two countries over the next year because unfortunately, that appears to be what you will have to do.

Edited November 29, 2011 by Kathryn41

[NickD 203]

Explain question 14 of the I-130:

"14. If your relative is currently in the U.S., complete the following: He or she arrived as a::

(visitor, student, stowaway, without inspection, etc.)"

Now if here illegally, that is a major problem, but not as a visitor. But has to religiously follow the limits of that I-94, even a day overstay can be a major problem. But the DOS does have an I-94 extension form for 300 bucks if you want to stay longer. Person can even drive here with an international drivers license, but best to check that out with your DMV and especially with your insurance company first. But cannot work.

Now if that person cannot come here legally due to not having a visa, then you have to apply for an immigration visa, no choice in this matter. How do I know this? With one of this countries top immigration attorneys. Now if that stack of applications is not approved for the USCIS, that is when that person has to return to their home country or at least leave this one. But if approved, can stay here as long as they want without fear of an expired I-94 until they get their green card. But that depends upon how fast the USCIS is in the processing. Can also be rejected at your interview if any form of fraud is detected. If that happens, and you want to keep your spouse, you both can leave this country.

[Darnell 8,479]

If given a gc as a child, doesn't one have to renew at either age 18 or 21, regardless?

[hikergirl 277]

They are not currently IN the US. They are living in Canada and wanting to move to the US.