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Elshayt

Expired green card from 15 years ago and want to re-enter US

By Elshayt in Bringing Family Members of US Citizens to America

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Elshayt Apprentice

Elshayt   7

Posted
Filed: IR-1/CR-1 Visa Timeline
Posted

My wife is US citizen and I got the green card and will travel soon, this is just intro the question is 

my mother in law has expired green card from 15 years ago and we want her to join us in US 

 

What is the best choice to travel B1 visa or reapply for a green card (family based)?

and which choice will have more chances to accept?

and her previous status (expired green card ) will prevent her from travel ?

 

Thanks 

Roel Experienced

Roel   7,193

Posted
Filed: Lift. Cond. (apr) Country: Poland
 Timeline
Posted (edited)

Her green card is pretty much trash at this point.

 

She needs a B2 tourist visa.

I assume the mother wants to travel as a tourist.

 

On B2 application she will mention that she previously had a green card.

 

If the mother wants to live in the US,  only way is for US citizen child to sponsor her. The process takes about a year-ish.

Edited by Roel

K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

Boiler Grand Master

Boiler   46,111

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

Join sounds like immigrate?

 

Wife would need to naturalise before she can sponsor mother.

“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.”

Boiler Grand Master

Boiler   46,111

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

Oops so yes she can sponsor her mother to immigrate.

“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
54 minutes ago, Elshayt said:

we want her to join us in US  

To visit or to live in the US?

Very different circumstances and processes.

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

 

Boiler Grand Master

Boiler   46,111

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

Sounds like she want to visit.

“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.”

aaron2020 Grand Master

aaron2020   11,651

Posted
Filed: Country: Vietnam (no flag)
 Timeline
Posted
44 minutes ago, Elshayt said:

She will live between US and Egypt, but her stay will be extended to several months with no intend to work in US 

You can't have everything.

A green card is for living in the US.  It's not for living between US and Egypt.

Your mother wants to visit after 15 years.  She does not live in the US or intend to.

Go and file to give up the green card so to simplify things.  Then, get a visitor visa to visit the US.  Follow the rules for visitors.  She is visiting.  She hasn't live here for 15 years and she has ZERO plan to give up her life in Egypt.  

 

Or keep trying to maintain her green card as a glorified visitor visa against the rules.  This results may not be to your liking if it blows up. 

Elshayt Apprentice

Elshayt   7

Posted
Filed: IR-1/CR-1 Visa Timeline
  • Author
Posted
On 12/4/2018 at 7:02 PM, aaron2020 said:

You can't have everything.

A green card is for living in the US.  It's not for living between US and Egypt.

Your mother wants to visit after 15 years.  She does not live in the US or intend to.

Go and file to give up the green card so to simplify things.  Then, get a visitor visa to visit the US.  Follow the rules for visitors.  She is visiting.  She hasn't live here for 15 years and she has ZERO plan to give up her life in Egypt.  

 

Or keep trying to maintain her green card as a glorified visitor visa against the rules.  This results may not be to your liking if it blows up. 

1

Visitor visa is ok, but what am I afraid of

the visitor visa rejection because the immigration officer may think she will immigrate to the US because she is a previously permanent residence 

but to me, visitor visa will solve the problem

pm5k Rising Star

pm5k   129

Posted
Filed: IR-1/CR-1 Visa Timeline
Posted
On 12/3/2018 at 9:35 AM, Roel said:

Her green card is pretty much trash at this point.

 

She needs a B2 tourist visa.

I assume the mother wants to travel as a tourist.

 

On B2 application she will mention that she previously had a green card.

 

If the mother wants to live in the US,  only way is for US citizen child to sponsor her. The process takes about a year-ish.

Would the "Returning Resident Visa" be applicable for these types of cases?

Obligatory disclaimer:  Not a lawyer.  Posts are written based on my own research and based on whatever information is provided.  Consult an immigration attorney regarding your specific case.

Boiler Grand Master

Boiler   46,111

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted
2 minutes ago, pm5k said:

Would the "Returning Resident Visa" be applicable for these types of cases?

After 15 years?

“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.”

 
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