Expired Green Card for over 10 years

[vtjoseph 8]

Hello VJ friends,

Long story short, my aunt who was a green card holder for over 10 years, left US on 2000 to India and never returned. Now she is planning to travel back to US.

We are not quite sure what are her best options to return to US. Can we try i90 to renew expired green card, which was expired for over 10 years?

Or should we try for a tourist visa?

Please share your thoughts.

Thanks

[Cathi 5,748]

She needs a new visa. After living outside of the US for so,long she automatically forfeited her resident status.The likihood of her getting visitor visa is very low as she was once a resident, the will view her as having immigrant intent.

Edited November 27, 2013 by mimolicious

[Harpa Timsah 13,258]

She is no longer a permanent resident and she needs to start over. If she is coming for a visit only, she can try for a tourist visa. If wants to move to US, something else.

[aleful 1,905]

hi

ditto, the GC is for living in the US, once she past the year living abroad, she lost her GC.

she can try for a tourist visa, or start over and have the person who filed for her or if she has a USC child or spouse to file for her

[vtjoseph 8]

Thanks every body for the answers. This really helps us to understand out situation.

My aunt is planning for a visit to spend time with her sister and to take care of her, who is fighting cancer. She do have a USC daughter. If her daughter try to sponsor her, will that process take too long?

Since she was a permanent resident once, will that completely voids her chance for a tourist visa?

Will there be any way she can renew the green card so that don't have to be bound to a return date?

[aleful 1,905]

hi

I don't think you understand, to maintain the GC, she has to permanently live in the US. If she doesn't want to live here, then there is no need to file a petition for her. She cannot use a GC just to visit as a tourist. A GC means she is a legal permanent resident of the US, if she would have stayed and became a USC, then she could have left. US. Citizens can live wherever they want. the GC is terminated once you live out of the US for more than 1 year.

she can apply for a tourist visa, and the max stay is 6 months, if she overstays, then she will be out of status. taking care of her sister is considered work, a job, the tourist visa is for visiting

if her daughter is a USC over 21, then she can file for her, your aunt will always maintain the same A# and Social Security number and she must put those numbers on all the forms that request them. the process takes 8 months to a year more or less.

[vtjoseph 8]

Thanks aleful for the reply.

[JayJayH 546]

The likihood of her getting visitor visa is very low as she was once a resident, the will view her as having immigrant intent.

I don't entirely agree with this.

If she had done the proper thing and officially abandoned her green card, it would show that she had every opportunity to live in the US but chose not to - no immigrant intent.

Since she didn't officially abandon it, and it was basically left to be terminated, it may count against her, as the CO may believe that she just "didn't know" it would be terminated. But it could also count in her favor for a visitor visa, since she did forfeit her resident status.

[Glyn and Kathy 288]

hi

I don't think you understand, to maintain the GC, she has to permanently live in the US. If she doesn't want to live here, then there is no need to file a petition for her. She cannot use a GC just to visit as a tourist. A GC means she is a legal permanent resident of the US, if she would have stayed and became a USC, then she could have left. US. Citizens can live wherever they want. the GC is terminated once you live out of the US for more than 1 year.

she can apply for a tourist visa, and the max stay is 6 months, if she overstays, then she will be out of status. taking care of her sister is considered work, a job, the tourist visa is for visiting

if her daughter is a USC over 21, then she can file for her, your aunt will always maintain the same A# and Social Security number and she must put those numbers on all the forms that request them. the process takes 8 months to a year more or less.

Just wanted to say...I don't think you keep the same A# as my husband just got his second visa and the A# they wrote on his stamp is completely different from his first one.

[aleful 1,905]

Just wanted to say...I don't think you keep the same A# as my husband just got his second visa and the A# they wrote on his stamp is completely different from his first one.

hi,

was this his second GC, because if he had an A# before, he had to put the number on the forms, you only get one A# for life as well as your social security number, even after death it's still yours.

I had a Gc when I was a child, I returned to my country loosing my GC due to living in my country for over 25 years. my usc mom filed for me again and on the forms we put the numbers and I still have them. the new GC has my old number on it, as well as my SS card. the plastic is the one that changes but the numbers don't change.

[scienceworks 64]

If she abandoned for humanitarian reasons (like caring for a sick or elderly person- reasons beyond her ability) I believe there is a way to reinstate, provided she can provide evidence. I don't have the details

But there is no hindrance to her visiting on a tourist visa. My mom had the same situation. Her green card had expired. But she applied for a visit visa to visit us. She was approved but had to surrender her green card at the interview. She received a 10 years multiple entry. Your mom can visit and will get the visa as long as she can prove she has ties to India. In my mom's case two of her kids (myself and sis) are US citizens. My dad is also back India ( also expired GC) and another Sis back in India (expired GC).

[w8inglongtime 29]

You aunt essentially abandoned her permanent residency. Unfortunately, she will have to start from scratch.

[aleful 1,905]

If she abandoned for humanitarian reasons (like caring for a sick or elderly person- reasons beyond her ability) I believe there is a way to reinstate, provided she can provide evidence. I don't have the details

But there is no hindrance to her visiting on a tourist visa. My mom had the same situation. Her green card had expired. But she applied for a visit visa to visit us. She was approved but had to surrender her green card at the interview. She received a 10 years multiple entry. Your mom can visit and will get the visa as long as she can prove she has ties to India. In my mom's case two of her kids (myself and sis) are US citizens. My dad is also back India ( also expired GC) and another Sis back in India (expired GC).

hi,

yes, but not too long after the year, at 10 years it is not for health reasons that you can recover the GC, if maybe months have passed due to being sick, to recover the GC you will have to prove to the American Consulate/Embassy that it wasn't your intent to abandon your residency, but due to heath reasons or there were true reasons that you could not return before a year of staying there.

in this case, his aunt chose to abandon her GC.

[vtjoseph 8]

Thanks everybody for the response.

That time she wasn't aware staying away for 2 years would cause an expiration on the green card.

[vtjoseph 8]

If she abandoned for humanitarian reasons (like caring for a sick or elderly person- reasons beyond her ability) I believe there is a way to reinstate, provided she can provide evidence. I don't have the details

But there is no hindrance to her visiting on a tourist visa. My mom had the same situation. Her green card had expired. But she applied for a visit visa to visit us. She was approved but had to surrender her green card at the interview. She received a 10 years multiple entry. Your mom can visit and will get the visa as long as she can prove she has ties to India. In my mom's case two of her kids (myself and sis) are US citizens. My dad is also back India ( also expired GC) and another Sis back in India (expired GC).

Thanks scienceworks for responding.

I think her case is much similar to your moms. My aunt's elder daughter lives in US while uncle (also expired GC) and the indian citizen adult son still in India. I guess that should prove her ties to India. A tourist visa should be good for her purpose, with an objective to visit family.

Are you guys planning to to start processing GC for you mom?

Thanks again.

Edited November 28, 2013 by vtjoseph