Green card abandonment

[samy1979 0]

 

 

I sponsored my mother for a green card and she came to the US on 04/2017 but 
decided to leave the US in May 2017. We are wondering if we can reinstate her 
green card since she has been away for awhile or if she needs to formally 
abandon the green card and apply for a visitor visa. Anyone else with same experience?
 

[Crazy Cat 41,845]

7 minutes ago, samy1979 said:

 

 

I sponsored my mother for a green card and she came to the US on 04/2017 but 
decided to leave the US in May 2017. We are wondering if we can reinstate her 
green card since she has been away for awhile or if she needs to formally 
abandon the green card and apply for a visitor visa. Anyone else with same experience?
 

This a quote from a USCIS pamphlet about re-entry:

 

"If you stay outside of the United States for 1 year or more and did not apply for a reentry permit before you left, you may be considered to have abandoned your permanent resident status. If this happens, you may be referred to appear before an immigration judge to decide whether or not you have abandoned your status. If you are in this situation, contact the U.S. consulate about a returning resident visa."

 

If she has established residence in a country other than the US, then she likely has abandoned her status as an LPR.  

[Umka36 781]

9 minutes ago, samy1979 said:

 

 

I sponsored my mother for a green card and she came to the US on 04/2017 but 
decided to leave the US in May 2017. We are wondering if we can reinstate her 
green card since she has been away for awhile or if she needs to formally 
abandon the green card and apply for a visitor visa. Anyone else with same experience?
 

The question is does she want to live in the US or not? Does not make sense going for a green card if she just wants to visit.

[samy1979 0]

Thanks for the replies. I’m still not clear on an answer for my question. Can she re enter the US on a green card since it is valid if she proves she had a medical condition for about a year? 

[Crazy Cat 41,845]

1 minute ago, samy1979 said:

Thanks for the replies. I’m still not clear on an answer for my question. Can she re enter the US on a green card since it is valid if she proves she had a medical condition for about a year? 

She will very possibly have to plead her case to an immigration judge.

[WeGuyGal 1,052]

4 hours ago, samy1979 said:

 

 

I sponsored my mother for a green card and she came to the US on 04/2017 but 
decided to leave the US in May 2017. We are wondering if we can reinstate her 
green card since she has been away for awhile or if she needs to formally 
abandon the green card and apply for a visitor visa. Anyone else with same experience?
 

The answer depends.. does she want to live permanently in the US, or live permanently in another country and just visit the US. 

[samy1979 0]

She doesn’t want to live in the US but she is afraid if she voluntarily gives it up she wouldn’t be able to get a tourist visa

[Crazy Cat 41,845]

1 minute ago, samy1979 said:

She doesn’t want to live in the US but she is afraid if she voluntarily gives it up she wouldn’t be able to get a tourist visa

Then she should surrender her Green Card.  Green Card holders must make their PRIMARY residence in the US.

[SusieQQQ 11,586]

1 hour ago, samy1979 said:

Thanks for the replies. I’m still not clear on an answer for my question. Can she re enter the US on a green card since it is valid if she proves she had a medical condition for about a year? 

A green card is not automatically valid just because it has not reached the expiry date printed on it, if it’s been abandoned.

 

29 minutes ago, samy1979 said:

She doesn’t want to live in the US but she is afraid if she voluntarily gives it up she wouldn’t be able to get a tourist visa

She actually has a better chance of getting a tourist visa if she has surrendered a green card - it makes it very clear that she has no immigrant intent, which is the main reason for tourist visa refusals.

[Unlockable 7,314]

1 hour ago, samy1979 said:

She doesn’t want to live in the US but she is afraid if she voluntarily gives it up she wouldn’t be able to get a tourist visa

But she would have a higher chance of her loosing her green card if she is not living in the US.

[Diane and Chris 651]

She should lose her green card if she doesn’t want to live in the U.S.  Green cards are for permanent residents, not for sometime residents. At this point, I would bet her chances of entering are 0% once questioned at POE. 

[samy1979 0]

Thanks a lot everyone, I’m aware that a green card is for people who permanently live in the US and I’m also aware that she would have a high risk of losing it if not living here. I posted to hear about other people’s experiences. I’m looking for solutions not explanations of what a green card is.

[samy1979 0]

2 minutes ago, Diane and Chris said:

She should lose her green card if she doesn’t want to live in the U.S.  Green cards are for permanent residents, not for sometime residents. At this point, I would bet her chances of entering are 0% once questioned at POE. 

I’m sorry but I didn’t ask for your opinion if she should or should not lose her green card that I sponsored her for. There is no one who is entitled for a green card especially through marriage. I sponsored my mother for a green card and I can responsor her a million times. Please only respond if you have an answer or recent experience. End of the story

[Mollie09 1,543]

39 minutes ago, samy1979 said:

I’m sorry but I didn’t ask for your opinion if she should or should not lose her green card that I sponsored her for. There is no one who is entitled for a green card especially through marriage. I sponsored my mother for a green card and I can responsor her a million times. Please only respond if you have an answer or recent experience. End of the story

You can't tell people not to respond/post, it goes against VJ's TOS.

[Boiler 45,486]

32 minutes ago, samy1979 said:

I’m sorry but I didn’t ask for your opinion if she should or should not lose her green card that I sponsored her for. There is no one who is entitled for a green card especially through marriage. I sponsored my mother for a green card and I can responsor her a million times. Please only respond if you have an answer or recent experience. End of the story

As she currently anyway does not want to permanently reside in the US she should file for a I 407 to abandon officially her status.

 

If at some time in the future she wishes to immigrate to the US then you can of course refile for her.