expired green card dilemna

[JimVaPhuong 4,863]

................ When the NVC request information from the applicant/petitioner and it's a small part of the process for example - Missing information on Part 4 on the DS-230. They would still complete the case and notify the applicant on the interview letter that he/she should bring the missing/requested documents to the interview.

Are you here legally in the USA..? You mentioned you are currently in F1 status - are you enrolled in school and have maintained your legal status..? If yes - then you maybe eligible to have your interview in the USA for An Adjustment of Status. Since the case was completed/forwarded to the Hong Kong Consulate you'd need to request the case be forwarded to USCIS for AOS reasons. You'd be requested to file the Form I-485. If you have not maintained your status then your interview was set in the right place.

His mom is an LPR, and she's been in Hong Kong since 2008 without a reentry permit. NVC apparently caught onto this because they asked for proof that his mother was domiciled in the US. Since she's abandoned her residency it would be pointless to try to get the petition returned to USCIS for an AOS interview. Unless his mother can get a returning resident visa and reestablish domicile in the US then he's not going to be approved.

[RICARDO4EVA2 194]

Thank u jim.

[aubry 0]

................ When the NVC request information from the applicant/petitioner and it's a small part of the process for example - Missing information on Part 4 on the DS-230. They would still complete the case and notify the applicant on the interview letter that he/she should bring the missing/requested documents to the interview.

Are you here legally in the USA..? You mentioned you are currently in F1 status - are you enrolled in school and have maintained your legal status..? If yes - then you maybe eligible to have your interview in the USA for An Adjustment of Status. Since the case was completed/forwarded to the Hong Kong Consulate you'd need to request the case be forwarded to USCIS for AOS reasons. You'd be requested to file the Form I-485. If you have not maintained your status then your interview was set in the right place.

Yes, i just finished my school. And i'm in a "grace period". Which means it allows me to have 60 days to find school. I found one and planned to transfer to that school. I guess it's possible to have the interview in the US just like you mentioned. But the first thing is that my mom needs to reestablish her Permanent Resident status. Because i don't think my interview will be approved before my mom recovers her status.

Should she only apply for returning resident visa ? Based on the website of US consulate in HK says :

(A former immigrant who has lost U.S. resident status and desires to return to the United States must do so using a new immigrant visa based on either an approved immigrant petition or returning resident status.The immigrant may apply for returning resident status. An application for returning resident status requires evidence of the applicant's continuing, unbroken ties to the United States, evidence that the stay outside the United States was truly beyond the applicant's control and evidence that the intent of the applicant was to always return to the United States.

His mom is an LPR, and she's been in Hong Kong since 2008 without a reentry permit. NVC apparently caught onto this because they asked for proof that his mother was domiciled in the US. Since she's abandoned her residency it would be pointless to try to get the petition returned to USCIS for an AOS interview. Unless his mother can get a returning resident visa and reestablish domicile in the US then he's not going to be approved.

What kind of proof can be consider as domicile in the US ?

[JimVaPhuong 4,863]

What kind of proof can be consider as domicile in the US ?

No proof of any kind would be accepted until she can reestablish her permanent resident status. She's got to try to get the returning resident visa first. After that, she needs to return to the US to reestablish her domicile here. Simply being present in the United States with her name on the lease of an apartment would be sufficient proof of domicile.

[aubry 0]

No proof of any kind would be accepted until she can reestablish her permanent resident status. She's got to try to get the returning resident visa first. After that, she needs to return to the US to reestablish her domicile here. Simply being present in the United States with her name on the lease of an apartment would be sufficient proof of domicile.

So, you mean before she reestablishes her status. I can't do anything ? Not even go to the interview ? But the date has been given. What should i do ? Postpone the interview ?

Could renewing her expired i.d. card help as a proof of domicile in the US ? If so, i could do it online now.

[Boiler 46,132]

There is always the chance that they miss your mothers lack of status.

[NigeriaorBust 4,087]

They will expect proof such as a valid green card. Anyone can get ID or po box in the US. Has she filed taxes in the years she was gone ?

[aubry 0]

They will expect proof such as a valid green card. Anyone can get ID or po box in the US. Has she filed taxes in the years she was gone ?

Unfortunately, she has never worked in the US. She still has the expired GC & ID with her.

[Boiler 46,132]

What did she leave in the US?

[aubry 0]

What did she leave in the US?

She doesn't own any property in the US. Cuz we're not rich. She has been living with my Aunt ever since she became as LPR. As far as i know is that she applied and got an id card in 2008.

BTW, does anyone know what my mom has to put on Question 8b Immigration catergory and Question 8d Adjustment of status on Form DS-117 ? And question 10, (what continue ties have you maintained with the United States ? What efforts have you made to avoid abandoning your permanent resident status in the United States ?) Any suggestion for these questions ? Thanks a lot !

[Boiler 46,132]

I get that.

She was living with your Aunt.

She flew to HK, one, maybe two suitcases.

So what does she have in the US?

[NigeriaorBust 4,087]

Your mother was required to file taxes on any money she made. It looks like she abandoned her residency and is only trying to revive it to support your application. There doesn't seem to be a viable way to do this especially before your interview. Without current valid US residency by your mom ( which you have already been asked for proof of ) your interview will fail. At this point it looks like she will have to re obtain a green card and file for you again , this time keeping her US residency and you will have to wait all over.

[aubry 0]

Your mother was required to file taxes on any money she made. It looks like she abandoned her residency and is only trying to revive it to support your application. There doesn't seem to be a viable way to do this especially before your interview. Without current valid US residency by your mom ( which you have already been asked for proof of ) your interview will fail. At this point it looks like she will have to re obtain a green card and file for you again , this time keeping her US residency and you will have to wait all over.

Re : Brolier

Sorry again that she doesn't have much thing in the US all i could think of, sighhh

Re : NigeriaorBust

Yes, that what i thought too. The motivation of reestablishing her residency is so obvious. But isn't it what US consulate asking for ? I mean, i can't even open an bank account, sign a lease, renew her id card without her existence in the US. Also, i'm running out of time to get all the things done before her reviving it. Now, we're just giving a shot to go and apply "returning resident visa". Let's see how it goes.

Just wondering ! What would you guys do if you're in my shoes ? Go back HK and have the interview no matter she get approved or not ? Thank you in advance !

[LIFE'SJOURNEY 970]

What I wouldn't do is lie to the US government in order to obtain residence when you are not entitled to it.

[JimVaPhuong 4,863]

So, you mean before she reestablishes her status. I can't do anything ? Not even go to the interview ? But the date has been given. What should i do ? Postpone the interview ?

Could renewing her expired i.d. card help as a proof of domicile in the US ? If so, i could do it online now.

You can go to the interview, but you won't be approved. Her affidavit of support hasn't been accepted yet because they want proof she's domiciled in the US. Until they get that proof they won't accept her affidavit of support, and you can't get a visa. The consulate in HK will probably give you a blue slip for the proof of domicile. They may also revoke your student visa since you are outside the US, and have proven immigrant intent. If it were me, I'd cancel the interview and tell them you'll reschedule after you've resolved the affidavit of support issue.

If your mother is going to try to get the SB1 then I suggest she get started quickly. The process can be time consuming. It usually involves TWO applications and TWO interviews. The first application is a DS-117, which is a request for the consulate to determine her status. She'll need to pay the filing fee for the DS-117 ($380), and include her green card, proof of travel dates outside the US, and whatever evidence she's using to claim that her absence was unforeseen and beyond her control. If the DS-117 is approved then she'll be scheduled for a regular immigrant visa interview, which means submitting a DS-230 (with fees), medical exam, the whole nine yards. Once that's approved she'll get an SB-1 visa. She'll get a new green card when she reenters the United States. This whole process could take several months, but it's still faster than a new immigrant visa petition.