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Garko

Mom is a green card holder but have over stayed in Nigeria

By Garko in Bringing Family Members of US Citizens to America

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Garko Rookie

Garko   0

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Filed: IR-1/CR-1 Visa Country: Nigeria
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Posted

Hi everyone.

I filed I-130 for my mom back in 2007. She is green card holder. But she return to Nigeria for health reason and during this time she lost her sister and had had 3 marriages of her grand children. Now she want to come back after 2+ years in Nigeria. We did not request travel document for her before she left in 2010. Her green card will expire in 2018. I hear if you over stay they will consider your green card/permanent residence as abandoned. is this true? What do I need to do so she can enter the US again? Can I just buy her a ticket since the green card hasn't expired yet? Your help will be appreciated.

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apple21 Veteran

apple21   953

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Filed: F-2A Visa Country: Philippines
 Timeline
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Hi everyone.

I filed I-130 for my mom back in 2007. She is green card holder. But she return to Nigeria for health reason and during this time she lost her sister and had had 3 marriages of her grand children. Now she want to come back after 2+ years in Nigeria. We did not request travel document for her before she left in 2010. Her green card will expire in 2018. I hear if you over stay they will consider your green card/permanent residence as abandoned. is this true? What do I need to do so she can enter the US again? Can I just buy her a ticket since the green card hasn't expired yet? Your help will be appreciated.

Yes, that's true. If a green card holder remains outside of the US for 1 year or more, without re-entry permit, they will lose their LPR status.

Your mom will have to apply for a Returning Resident Visa at the US Embassy in your country, even if she still has a valid GC.

:wub:10-year GC holder :wub:

My Parents’ B2 Tourist Visa Application - APPROVED

 

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VanessaTony Grand Master

VanessaTony   3,567

Posted
Filed: Citizen (apr) Country: Australia
 Timeline
Posted

After so long she has most definitely abandoned her GC.

She can try applying for an SB-1 visa, a returning resident visa, and will need to prove that she did not intend to stay out so long... The loss of her sister is understandable, but weddings only last a day so she is unlikely to prove that she *needed* to be out for 2+ year to deal with all that.

The other option is to file for the I-130 all over again. She'll start from the start again.

Aussie K1 process - http://www.visajourney.com/forums/topic/206016-australian-beneficiaries-packet-3-to-interview-date/
AOS, EAD & AP - the Aussie Way (including document list) - http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included/
ROC April 2012 - http://www.visajourney.com/forums/topic/358760-i-751-april-2012-filers/ (includes document list)
N-400 April 2013 - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/ (includes document list)

N-400 Interview review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6381814

N-400 Oath Ceremony review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6537699
Aussie Chat page continued - http://www.visajourney.com/forums/topic/331922-new-2011-land-downunder-aussie-aussie-aussie-oi-oi-oi/
Aussie Name Change on Passport Process - http://www.visajourney.com/forums/topic/248400-australian-passport-name-change-process/
Travel on maiden name passport with married name GC, tickets in married name - http://www.visajourney.com/forums/topic/183541-land-downunder-aussie-aussie-aussie-oi-oi-oi/page__view__findpost__p__4135806
Shipping Costs from Aus to US - http://www.visajourney.com/forums/topic/293179-shipping-costs-aus-to-usa/

Notes:
- For my "standard" timeline please see timeline to the left
- For timeline with Aussie specifics & more detailed info, please see the "About Me" section of my profile

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NigeriaorBust Grand Master

NigeriaorBust   4,087

Posted
Filed: Citizen (apr) Country: Nigeria
 Timeline
Posted

If your mother could prove her delayed return was beyond her control she might get a returning resident permit. But hanging around for marriages is not going to be enough. If the returning resident permit is denied , and it probably will be , you will have to submit another I130 for her and start all over again ( if she really wants to live here otherwise a visitors visa is the correct thing )

This will not be over quickly. You will not enjoy this.

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apple21 Veteran

apple21   953

Posted
Filed: F-2A Visa Country: Philippines
 Timeline
Posted

Thanks. But will they require us to present any document (doctor notes from her illness etc..) and are there any forms to fill or payment for the permit?

Yes, she will need to provide documents related to her medical condition/diagnosis/treatment.

She will pay a Filing Fee of $275. If approved, she will pay the Special Immigrant Visa Application Fee of $220.

Source: http://nigeria.usembassy.gov/immigrant_fees.html

:wub:10-year GC holder :wub:

My Parents’ B2 Tourist Visa Application - APPROVED

 

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Hypnos Grand Master

Hypnos   6,576

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

The bar for an SB-1 returning resident visa is very high. You have to prove that not only was it never your intention to relinquish your LPR status, but that the circumstances that caused you to remain outside of the country for so longer were unexpected and beyond your control.

With the circumstances you outline, it's unlikely she would be able to meet such a threshold, but she is certainly welcome to try.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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Dave&Roza Experienced

Dave&Roza   748

Posted
Filed: Lift. Cond. (apr) Country: Kazakhstan
 Timeline
Posted

I would not waste the time, money, or effort on an SB-1. Just refile the I-130 assuming your Mom now wants to remain in the US as a LPR. If not then do not bother filing for anything and have her try for a tourist visa to visit. Having had a GC and then adandoning it MIGHT make getting a tourist visa easier. If she wants to become a LPR of the US then just refile the I-130 for her.

Good luck,

Dave

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Boiler Grand Master

Boiler   45,558

Posted
Filed: K-1 Visa Country: Wales
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Posted

How has she maintained her US Residency, has she filed taxes etc?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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