Does The petitioner have to be in US when beneficiary goes to interview?

[Rezahoss 11]

Hi All.

My sister's case is in NVC and once we submit AOS, she will get an interview date. My mother (petitioner), who has a Green Card, has not been to US for 2 years. My question: Do they look into the petitioner's green card status at the embassy?

Thanks!

[belinda63 3,047]

Most likely the mother has lost her LPR status. If this is the case even if the visa is given or a green card given to the sister if it is discovered that the mother abandoned her LPR status prior to the receipt of the visa/green card the sister will lose all her visa/green card.

Mother needs to resolve her status ASAP since the purpose of the immigrant visa is for family reunification and this is not the case here since mom does not live in the US.

[apple21 953]

The consul will ask when is the last time the petitioner visited or has seen the beneficiary so... if the petitioner has already been outside the US for so long it might trigger a red flag that she abandoned her US residency, unless your mother obtained a Re-Entry Permit prior to leaving the US.

I would advice that your mom apply for a returning resident visa (SB-1) ASAP and if granted move back to the US.

Edited October 24, 2014 by apple21

[Ian H. 207]

Does your mom have a reentry permit? Has she maintained ties to the US?

[Rezahoss 11]

Thanks everyone! My mother (petitioner) does not have a re-entry permit.

Thank you very much Apple21 for your suggestion. I had not heard of the SB-1 visa before. Do you think if she simply comes back to US with her Green Card, they will take back her Green card at the airport?

[Rezahoss 11]

Does anyone know what happens if she returns to US without re-entry permit or SB-1 visa?

[belinda63 3,047]

It could go one of several ways:

She is denied entry

She is given parole into the US and a date to appear before an immigration judge

She is allowed in no problems.

[Rezahoss 11]

Thanks very much Belinda! So, it seems it's worth a try to just come back to US, considering getting SB-1 visa will be next to impossible given she has not valid reason why she stayed out of US for so long!

[Rezahoss 11]

Do you think if she comes back with me, there is a better chance of avoiding problems?

[Ian H. 207]

I believe that in order to get an SB-1 visa, you need to have spent a year or more outside the US without a reentry permit, for reasons beyond your control. Also I'm pretty sure that you have to prove that you still had ties in the US. You traveling with her wouldn't make a difference. The CBPO has the final say if he/she will admit her or not. Like belinda said, it could happen one of three ways.

[Rezahoss 11]

Thanks Ian! Form the 3 ways mentioned, it's seems it's worth while taking a chance. Worst case is that they will deport her, in which case we lose the airfare. If they let her in with no problems, it will be great, but even if they order her to go before a an immigration judge, we can still win.

[apple21 953]

At the moment, put on hold the NVC process until your mom has successfully settled back in the US.

[Ian H. 207]

I agree. You don't want to pay fees to the NVC, pay for a medical and all of that stuff in vain.

[Rezahoss 11]

Thank you both! How long can I put the NVC on hold?

[Ian H. 207]

You have to keep contact with them once a year. So from the last time you had any contact with them, you have a year before you need to contact them again so that your fees and such won't expire.