Possible wrong info at infopass

[Alex3009 0]

So I made an infopass today regarding the I-130 that I had filed for my mother. My mother was a permanent resident but she has not been in USA for like 4 years. Now that is abandonment of her resident status. She never applied for the re-entry permit either.

She tried to get a re-entry visa at the embassy but was denied. Anyway, I refilled for her. I moved and changed my address with USCIS in April. USCIS sent me an RFE in May and they sent it to the wrong address. I never received anything. I decided to do an info pass today and I was told something was sent to me in May.

Anyway, the officer also told me that my mother still has her residence. I told him she has not been in the country for 4 years and he said that doesn't matter that she can still come. Then I told him that her green card expired last year. Then he said that she needed to renew and take her fingerprints.

I am just confused. Should I assume he gave me wrong info? USCIS clearly states that if you do not come once a year and do not get a entry permit you will lose your residence.

Thanks for any info.

[JohnR! 5,495]

By being away for so long your mother has relinquished her residence. What the USCIS officer told you is not entirely incorrect. Were she able to return to the US she would be able to renew her green card. For some reason the USCIS has always been very lenient with similar cases. The issue is that her greencard is expired and chances are the airlines would not accept her to board a plane with an expired document.

The next logic step would be for her to obtain a re-entry permit, but that was already tried.

Filing for her residence all over again is the correct route in your case.

Good luck!

Edited August 9, 2013 by Gegel

[Alex3009 0]

Gegel, so if she came last year when her green card was not expired they would have let her in the country even though she had relinquished her green card? What about now? If we renew her green card can she still come?

[JohnR! 5,495]

Gegel, so if she came last year when her green card was not expired they would have let her in the country even though she had relinquished her green card? What about now? If we renew her green card can she still come?

I believe they would have let her in had she managed to get to the US. I have heard of cases of some being allowed in with a warning or taken to secondary, having their residence requirements read to them and made to sign an affidavit to that effect, to remain in their files.

The issue you have is that she must be present to renew her green card and she can't do so for she can't get to the US.

[Alex3009 0]

I believe they would have let her in had she managed to get to the US. I have heard of cases of some being allowed in with a warning or taken to secondary, having their residence requirements read to them and made to sign an affidavit to that effect, to remain in their files.

The issue you have is that she must be present to renew her green card and she can't do so for she can't get to the US.

Thanks for the info.