DIAGNOSED WITH BRAIN CA, NEED TO GO SEE HER SON IN ANOTHER COUNTRY WITH EXPIRED GC

[CSC_SD1017 2]

Hello everybody!

 

This is a question from my friend. 

 

Scenario: Her mother lived here in the US since 1980s. Never filed for citizenship but was granted 10 years gc during the 80s. Now her gc is EXPIRED.  She was just diagnozed of brain ca last week. Now she wants to go back to her country just to see her eldest son (pending petition after he was 21, now with his own family) before her health declines. Then come back here in the US. 

 

Questions:

 

1. Do you think it would be better for her to apply for citizenship or still file for renewal of her gc? 

 

2. If we schedule her for infopass, what is it for? To get passport stamped? 

 

Honestly i dont know what to tell them, i suggested to just apply for citizenship coz its faster. But she said her mother doesnt really want to be a citizen. 

[Unidentified 2,930]

Has she renewed her Green Card at all since the 80s?

[geowrian 22,337]

Make the infopass appointment for an I-551 stamp. That acts as a green card for 1 year.

[Roel 7,192]

Well she can't apply for the citizenship if she doesn't have a valid green card... 

[Crazy Cat 41,898]

7 minutes ago, CSC_SD1017 said:

Hello everybody!

 

This is a question from my friend. 

 

Scenario: Her mother lived here in the US since 1980s. Never filed for citizenship but was granted 10 years gc during the 80s. Now her gc is EXPIRED.  She was just diagnozed of brain ca last week. Now she wants to go back to her country just to see her eldest son (pending petition after he was 21, now with his own family) before her health declines. Then come back here in the US. 

 

Questions:

 

1. Do you think it would be better for her to apply for citizenship or still file for renewal of her gc? 

 

2. If we schedule her for infopass, what is it for? To get passport stamped? 

 

Honestly i dont know what to tell them, i suggested to just apply for citizenship coz its faster. But she said her mother doesnt really want to be a citizen. 

She still has status.  She just doesn't have proof of that status.  I would suggest she start the process to renew her GC, and also visit a USCIS office to get an I-551 stamp which will allow her to immediately travel......that way, she can return as soon as she wishes to start/continue treatment.

[Hypnos 6,576]

She would likely need an I-90 f, if she wishes to pursue citizenship, an N-400 also because her green card expired more than six months ago. 

[millefleur 5,046]

Seconding what the others have said. Infopass appointment. If the local FO isn't accepting appointments online or walk ins, there's the USCIS Contact Center +1-800-375-5283.

[SusieQQQ 11,586]

 Citizenship is not going to be faster, she will need to renew her green card, then file, then biometrics and wait for interview, then oath ceremony - depending on her FO this will take anywhere from a few months to over a year. Applying for renewal and I551 stamp will definitely be much faster.

 

I also just wanted to mention - you say her son has a pending petition but also his own family now - if that means he got married, that petition has lapsed. A green card holder cannot petition a married child.

 

im sorry to hear about her health problems. 

[Boiler 45,557]

Can she get a I 551 without first applying to renew her GC?

[Boiler 45,557]

Sounds like she is 60 plus, been her 35 years or so so son 30 plus with family so maybe yes the family petition is no more. Does not say he married but implies.

 

 

 

 

[Lucky2Lucky 2,526]

If one doesn’t renew their greencard- and is basically living with no legal proof in the US-how does this not make them undocumented? Can one go years without renewing their greencard and still be a valid LPR? Does this mean they have the same status as LPRs?

[Boiler 45,557]

GC is only proof of status.

[CSC_SD1017 2]

1 hour ago, Unidentified said:

Has she renewed her Green Card at all since the 80s?

Yes never after she got the 10 years. Her mother is about 70s to 80s years old too

[Crazy Cat 41,898]

4 minutes ago, Luckycuds said:

If one doesn’t renew their greencard- and is basically living with no legal proof in the US-how does this not make them undocumented? Can one go years without renewing their greencard and still be a valid LPR? Does this mean they have the same status as LPRs?

The person still maintains status.....The person is still a legal resident........

https://www.immigrationvisaattorneyblog.com/going-deported-green-card-expired/

"A common misconception is that when a green card expires, that person’s protections as a lawful permanent resident also expire. The benefits of having a green card (such as being able to return to the United States after brief periods of international travel, and having current proof of the ability to work) may terminate when a card expires. However, one does not simply lose the status of being a lawful permanent resident when the card expires."

[CSC_SD1017 2]

40 minutes ago, SusieQQQ said:

 Citizenship is not going to be faster, she will need to renew her green card, then file, then biometrics and wait for interview, then oath ceremony - depending on her FO this will take anywhere from a few months to over a year. Applying for renewal and I551 stamp will definitely be much faster.

 

I also just wanted to mention - you say her son has a pending petition but also his own family now - if that means he got married, that petition has lapsed. A green card holder cannot petition a married child.

 

im sorry to hear about her health problems. 

I asked about that too. 

 

My friend said the one who filed for petition is the husband ( her dad ) who is a citizen