Green card abandonment

[samy1979 0]

1 minute ago, Mollie09 said:

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

Please read my reply before posting. I said please respond if you have useful information. I believe it is a waste of time for everyone to just read repetitive explanations to something that would not benefit anyone. I’m aware of all the facts about the green card. My mother didn’t follow the rules but I bet she is not the first one. 

[samy1979 0]

1 minute ago, Boiler said:

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.

Thanks boiler, I came to that conclusion too.

[Ban Hammer 13,334]

58 minutes ago, samy1979 said:

Please read my reply before posting. I said please respond if you have useful information. I believe it is a waste of time for everyone to just read repetitive explanations to something that would not benefit anyone. I’m aware of all the facts about the green card. My mother didn’t follow the rules but I bet she is not the first one. 

please read the below before telling anyone else not to post

Restrict or inhibit any other user from using and enjoying the Forums.

 

from http://www.visajourney.com/content/terms

 

charles

vj moderation

 

 

 

 

 

 

[CEE53147 559]

1 hour ago, samy1979 said:

Please read my reply before posting. I said please respond if you have useful information. I believe it is a waste of time for everyone to just read repetitive explanations to something that would not benefit anyone. I’m aware of all the facts about the green card. My mother didn’t follow the rules but I bet she is not the first one. 

 What other individuals are able to get away with should not be your concern.  You are now a US citizen and should follow the rules and should expect others - including family members - to do the same.

 

If your mother had a legitimate medical reason to remain out of the US, she should apply for SB-1.  I hope she has filed taxes even though she was not residing in the US.

Edited September 8, 2018 by CEE53147

[JFH 12,190]

2 hours ago, samy1979 said:

My mother didn’t follow the rules but I bet she is not the first one. 

That doesn’t make the outcome any different for her. She has elected to not live in the USA, which is her choice and perfectly reasonable. She should formally abandon her residency and apply for a tourist visa. Unless she applies, she won’t know if she will be approved or not. Each case is different and treated in its own merits so its irrelevant what happened to other people, 

[TNJ17 1,329]

7 hours 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? 

How long has she been away?

[TNJ17 1,329]

6 hours 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

Most likely she wouldn’t be approved for a tourist visa because she’s shown immigrant intent. She can certainly apply, but her chances aren’t good. My advice is live in the US until she can get naturalized, then she can do whatever she wants. 

[NikLR 13,227]

5 hours ago, TNJ17 said:

Most likely she wouldn’t be approved for a tourist visa because she’s shown immigrant intent. She can certainly apply, but her chances aren’t good. My advice is live in the US until she can get naturalized, then she can do whatever she wants. 

Giving up the green card voluntarily actual helps her case to show she does not have immigrant intent.  

 

[Going through 5,671]

8 hours ago, TNJ17 said:

How long has she been away?

OP said since May 2017

[Diane and Chris 651]

Well, like OP said, she can re-sponsor her a million times. So it shouldn’t be a problem! 😉

[Going through 5,671]

16 hours 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? 

It's not as much as proving she had a medical condition---she would have to prove that she needed to live outside of the US to receive medical attention in another country that she couldn't have received in the US for the entire year, and/or prove that she could not return to the US due to her medical condition under a doctor's orders for the entire year (in other words, prove that it was entirely out of her control).  Medical/hospital records and a statement outlining her care/diagnosis/how she was prevented from traveling from her doctor would be expected at POE.

 

There's a good chance she would be refused entry, however there's also a chance she would be admitted into the US with the green card----it all boils down to the officer she gets at POE, since it is up to their discretion, even with the proof in hand.  Your best option is to file a SB-1 (she would need to submit proof still of her time outside of the US being entirely out of her control) if she wishes to continue residing in the US.

 

If she formally abandons the green card, her chances of getting a tourist visa in the future will largely depend on her ties to her home country, however formally giving up the green card will also go a long way in showing a CO that she has no immigrant intent.

 

 

Edited September 8, 2018 by Going through

[Boiler 45,486]

Not a fan of the SB 1 but as she does not seemingly want to reside in the US not really appropriate.

[TNJ17 1,329]

1 hour ago, Going through said:

OP said since May 2017

If she’s been gone that long they are probably treating her greencard as abandoned. She might have a slim chance of reentry but only if pursued now. But she needs to enter to stay this time if she does get in or she will for sure lose it. 

[Going through 5,671]

49 minutes ago, Boiler said:

Not a fan of the SB 1 but as she does not seemingly want to reside in the US not really appropriate.

Yeah that's why I added the part about "if she wishes to continue residing in the US" at the end of that sentence.

 

OP alluded to a medical reason as to the purpose of her lengthy time abroad---in that case the SB-1 would be appropriate, if it can be proven.

 

I do wonder if it's more the OP wanting the mother to keep the greencard, rather than the mother herself wanting to, though.

[SusieQQQ 11,586]

11 minutes ago, Going through said:

Yeah that's why I added the part about "if she wishes to continue residing in the US" at the end of that sentence.

 

OP alluded to a medical reason as to the purpose of her lengthy time abroad---in that case the SB-1 would be appropriate, if it can be proven.

 

I do wonder if it's more the OP wanting the mother to keep the greencard, rather than the mother herself wanting to, though.

From what OP has said this seems a clear case of wanting to use the green card as some kind of super visa, mother has no interest in living in the US.