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Sizzy and Terry

Residency request for a former green card holder currently on tourist visa

By Sizzy and Terry in Adjustment of Status from Work, Student, & Tourist Visas

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Sizzy and Terry Contributor

Sizzy and Terry   2

Posted
Filed: IR-1/CR-1 Visa (DCF) Country: Pakistan
 Timeline
Posted

My grandmother was a permanent resident but due to some family dynamics she had to go back to Pakistan. She was a green card holder went she went there and stayed there four years. Now that,  we wanted her here we applied for a non resident visa which meant she had to surrender her Green Card (All of that was meant to escalate her process of coming back to the US). Now that, she is here. We really don't want to send her back to Pakistan. All of her kids are US citizens.  There is technically no one there for her. She is like 85 years old plus she is sick, too. Is there any way we can apply for get adjustment of status.  What should we do? Please help!

Boiler Grand Master

Boiler   46,299

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Big question first, how are you going to fund her Health care?

“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.”

geowrian Grand Master

geowrian   22,338

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted

Her USC children would be the ones to petition for her.

 

That said, they will need a means to pay for her health care as she won't qualify for public aid for at least 5 years after obtaining permanent residency again. An intending immigrant must show that they will not become a public charge via a sponsor/joint sponsor.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

geowrian Grand Master

geowrian   22,338

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted

So she had a green card that she relinquished in order to get a tourist visa, then used that to enter the US and now wants to stay?

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Sizzy and Terry Contributor

Sizzy and Terry   2

Posted
Filed: IR-1/CR-1 Visa (DCF) Country: Pakistan
 Timeline
  • Author
Posted
1 hour ago, geowrian said:

So she had a green card that she relinquished in order to get a tourist visa, then used that to enter the US and now wants to stay?

Well, she overstayed in Pakistan you can only get a re entry permit of 2 years but stayed there for 4 years. What amazes me is that the expiration date for Green Card was 2019? Since she overstayed, they wanted to get her here as soon as possible as she was sick. So they thought tourist visa is a quicker option.  By they i mean, my uncles and aunts etc etc. Everybody thought that since she had overstayed our only chance was to give up the residency for a tourist vis

Sizzy and Terry Contributor

Sizzy and Terry   2

Posted
Filed: IR-1/CR-1 Visa (DCF) Country: Pakistan
 Timeline
  • Author
Posted
17 hours ago, geowrian said:

Her USC children would be the ones to petition for her.

 

That said, they will need a means to pay for her health care as she won't qualify for public aid for at least 5 years after obtaining permanent residency again. An intending immigrant must show that they will not become a public charge via a sponsor/joint sponsor.

That's fine they are doing good jobs and they can afford private insurances. The point is, how can she stay here without having to go back to pakistan. Plus we live on the west coast so it is like a 22 hrs flight at least. 

Sizzy and Terry Contributor

Sizzy and Terry   2

Posted
Filed: IR-1/CR-1 Visa (DCF) Country: Pakistan
 Timeline
  • Author
Posted
17 hours ago, Boiler said:

Big question first, how are you going to fund her Health care?

We can afford her private health insurance.  Have a couple of doctors and an engineer in the family. So no issues, there.  It's just we don't want her to travel back to Pakistan. 22 hrs flight will be too tiresome for her. 

NikLR Grand Master

NikLR   13,232

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

~~moved to AOS from tourist, work, and student visas from tourist visas~~

 

Her children can petition her and she can adjust her status. However they did everything in a stupid illegal way.  However, once she was here and allowed entry the USCIS cannot deny her based on intent. 

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

azblk Rising Star

azblk   338

Posted
Filed: AOS (apr) Country: Uganda
 Timeline
Posted
43 minutes ago, Sizzy and Terry said:

We can afford her private health insurance.  Have a couple of doctors and an engineer in the family. So no issues, there.  It's just we don't want her to travel back to Pakistan. 22 hrs flight will be too tiresome for her. 

Just file a petition like you would normally do. I too am a former green card holder. I gave it up 10 years ago and I am going through the process again.

Sizzy and Terry Contributor

Sizzy and Terry   2

Posted
Filed: IR-1/CR-1 Visa (DCF) Country: Pakistan
 Timeline
  • Author
Posted
5 hours ago, azblk said:

Just file a petition like you would normally do. I too am a former green card holder. I gave it up 10 years ago and I am going through the process again.

Does that mean she won't have to go back to Pakistan and we can apply for her adjustment of status through USCIS normally, right?

Sizzy and Terry Contributor

Sizzy and Terry   2

Posted
Filed: IR-1/CR-1 Visa (DCF) Country: Pakistan
 Timeline
  • Author
Posted (edited)
5 minutes ago, azblk said:

Yes she does not need to go back

Can you please, guide me the process? What forms to file? when to start the process? Her son, who is a US citizen, can apply,  right? She has been here for 2 months

Edited by Sizzy and Terry
azblk Rising Star

azblk   338

Posted
Filed: AOS (apr) Country: Uganda
 Timeline
Posted
3 minutes ago, Sizzy and Terry said:

Can you please, guide me the process? What forms to file? when to start the process? Her son, who is a US citizen, can apply,  right? She has been here for 2 months

http://www.visajourney.com/content/immigration-parents

 
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