Alien Registration Receipt Card

[zachdg 0]

Hi I just wanted to ask if any of you had an experience with this, My mother immigrated to the US as an IR to my grandfather (deseased) as a 16 years old in 1979, she was issued a (IDK if this is a green card) in 1982, she didn't apply for citizenship . Im born at 1991 as a us citizen and subsequent my mother returned home to the PI with me in 1995, i came back to the US in 2009 and left my mother in PI, my question is... Do i need to petition for her to return or is this card still valid. She has an expired VA license, expired Work Authorization Document and an unrestricted SSN Card

Edited January 31, 2020 by zachdg

[igoyougoduke 1,656]

I see an A number on the card.  She can file an FOIA with the A number  and get a copy of her immigration records from USCIS 

Edited January 31, 2020 by Donald120383

[zachdg 0]

32 minutes ago, Donald120383 said:

I see an A number on the card.  She can file an FOIA with the A number  and get a copy of her immigration records

I've done searching and found out that this "green card" is issued from 1976 to 1986 and was phased out in the late 90s, We have copies of her record that i presumed is given by uscis, she had travel parole docs that expired in 2003 but the records we have is from 1998 and is labeled by "IMMIGRATION AND NATURALIZATION SERVICES" not USCIS , is it still valid? Anyways thanks for your responce. Ill file the foia when time permits. 

Edited January 31, 2020 by zachdg

[SusieQQQ 11,586]

Story is a little confusing because if she immigrated as an IR she would have had a green card, but if she had a green card she wouldn’t have waited 3 years for it or needed a work authorization document. Does she not remember what her actual status was? Does that card have the word “resident” or term “permanent resident” anywhere on it?

in any case even if she had a green card, it’s abandoned long ago. You’ll have to petition her. 

Edited January 31, 2020 by SusieQQQ

[Lil bear 4,228]

1 hour ago, zachdg said:

Hi I just wanted to ask if any of you had an experience with this, My mother immigrated to the US as an IR to my grandfather (deseased) as a 16 years old in 1979, she was issued a (IDK if this is a green card) in 1982, she didn't apply for citizenship . Im born at 1991 as a us citizen and subsequent my mother returned home to the PI with me in 1995, i came back to the US in 2009 and left my mother in PI, my question is... Do i need to petition for her to return or is this card still valid. She has an expired VA license, expired Work Authorization Document and an unrestricted SSN Card

She abandoned her permanent resident status when she chose to establish her residency again in the PI   She will need to go through the IR 5 process. She may be best to complete i407 .. relinquishing LPR status and submit this yo the consulate just make sure it is clear that she has done so. Then you start the process. I would not recommend trying to get into the US using. Although those cards had no “ end date”,  she has not met the ongoing responsibility to maintain her LPR status. 

[SusieQQQ 11,586]

13 minutes ago, zachdg said:

I've done searching and found out that this "green card" is issued from 1976 to 1986 and was phased out in the late 90s, We have copies of her record that i presumed is given by uscis, she had travel parole docs that expired in 2003 but the records we have is from 1998 and is labeled by "IMMIGRATION AND NATURALIZATION SERVICES" not USCIS , is it still valid? Anyways thanks for your responce. Ill file the foia when time permits. 

Nothing is valid. She abandoned residence. That’s even if she had a green card - there is no need for a permanent resident to have parole documents. Like the work authorization document, it is something not needed for a LPR, which makes me doubt that she even was one.

Edited January 31, 2020 by SusieQQQ

[zachdg 0]

2 minutes ago, SusieQQQ said:

Nothing is valid. She abandoned residence. That’s even if she had a green card - there is no need for a permanent resident to have parole documents. Like the work authorization document, it is something not needed for a LPR, which makes me doubt that she even was one.

Well ill file an FOIA to see, thanks for enlightening me on this. I just based my questions from old documents that i found around . In the parole document it is stated that she can leave for a period not extending 2 years from date of exit. She had the parole docs as she needed to stay in PI to take care of her brother but she eventually decided to stay as my uncle's health deteriorated. I have resentment againts that since as you said "she abandoned her residence", ill try to contact an attorney to know more, thanks! 

[zachdg 0]

16 minutes ago, Lil bear said:

She abandoned her permanent resident status when she chose to establish her residency again in the PI   She will need to go through the IR 5 process. She may be best to complete i407 .. relinquishing LPR status and submit this yo the consulate just make sure it is clear that she has done so. Then you start the process. I would not recommend trying to get into the US using. Although those cards had no “ end date”,  she has not met the ongoing responsibility to maintain her LPR status. 

I'll see what we can do, I'll update whenever i got something. 

[SusieQQQ 11,586]

11 minutes ago, zachdg said:

Well ill file an FOIA to see, thanks for enlightening me on this. I just based my questions from old documents that i found around . In the parole document it is stated that she can leave for a period not extending 2 years from date of exit. She had the parole docs as she needed to stay in PI to take care of her brother but she eventually decided to stay as my uncle's health deteriorated. I have resentment againts that since as you said "she abandoned her residence", ill try to contact an attorney to know more, thanks! 

sounds like a re-entry permit, not parole then. In any case as you point out, it expired after two years.
Resentment? FYI a green card holder out of the US for more than one year is deemed to have abandoned residence, unless they have a re-entry permit and are in the validity of that. Even if she had that as you point out it expired what 15 years ago. In your case I’d spend the money on filing fees rather than a lawyer.

 

fyi here is the USCIS blurb guide on maintaining vs abandoning residence. Even aside the very long absence, I’m assuming your mom has not met any of the examples cited below to use as proof of maintaining residence.  You said her DL is expired, obviously is not working there, I’m assuming she has no permanent home in the US, hasn’t been filing taxes, etc.

https://www.uscis.gov/green-card/after-green-card-granted/international-travel-a-permanent-resident

Permanent residents are free to travel outside the United States, and temporary or brief travel usually does not affect your permanent resident status. If it is determined, however, that you did not intend to make the United States your permanent home, you will be found to have abandoned your permanent resident status. A general guide used is whether you have been absent from the United States for more than a year. Abandonment may be found to occur in trips of less than a year where it is believed you did not intend to make the United States your permanent residence. While brief trips abroad generally are not problematic, the officer may consider criteria such as whether your intention was to visit abroad only temporarily, whether you maintained U.S. family and community ties, maintained U.S employment, filed U.S. income taxes as a resident, or otherwise established your intention to return to the United States as your permanent home. Other factors that may be considered include whether you maintained a U.S. mailing address, kept U.S. bank accounts and a valid U.S. driver’s license, own property or run a business in the United States, or any other evidence that supports the temporary nature of your absence.

 

Edited January 31, 2020 by SusieQQQ

[zachdg 0]

5 minutes ago, SusieQQQ said:

sounds like a re-entry permit, not parole then. In any case as you point out, it expired after two years.
Resentment? FYI a green card holder out of the US for more than one year is deemed to have abandoned residence, unless they have a re-entry permit and are in the validity of that. Even if she had that as you point out it expired what 15 years ago. In your case I’d spend the money on filing fees rather than a lawyer.

 

fyi here is the USCIS blurb guide on maintaining vs abandoning residence. Even aside the very long absence, I’m assuming your mom has not met any of the examples cited below to use as proof of maintaining residence. 

https://www.uscis.gov/green-card/after-green-card-granted/international-travel-a-permanent-resident

Permanent residents are free to travel outside the United States, and temporary or brief travel usually does not affect your permanent resident status. If it is determined, however, that you did not intend to make the United States your permanent home, you will be found to have abandoned your permanent resident status. A general guide used is whether you have been absent from the United States for more than a year. Abandonment may be found to occur in trips of less than a year where it is believed you did not intend to make the United States your permanent residence. While brief trips abroad generally are not problematic, the officer may consider criteria such as whether your intention was to visit abroad only temporarily, whether you maintained U.S. family and community ties, maintained U.S employment, filed U.S. income taxes as a resident, or otherwise established your intention to return to the United States as your permanent home. Other factors that may be considered include whether you maintained a U.S. mailing address, kept U.S. bank accounts and a valid U.S. driver’s license, own property or run a business in the United States, or any other evidence that supports the temporary nature of your absence.

 

Ill try to file a returning resident first or maybe straight through filing an I-130, thank you for your response. I cannot talk to my mother currently that's why im kinda piecing her immigration and abandonment puzzle. Our house has the deed named after her and my dad and she maintained a bank account with BOA Arlington. 

Edited January 31, 2020 by zachdg

[zachdg 0]

29 minutes ago, SusieQQQ said:

Story is a little confusing because if she immigrated as an IR she would have had a green card, but if she had a green card she wouldn’t have waited 3 years for it or needed a work authorization document. Does she not remember what her actual status was? Does that card have the word “resident” or term “permanent resident” anywhere on it?

in any case even if she had a green card, it’s abandoned long ago. You’ll have to petition her. 

 

[zachdg 0]

33 minutes ago, SusieQQQ said:

Story is a little confusing because if she immigrated as an IR she would have had a green card, but if she had a green card she wouldn’t have waited 3 years for it or needed a work authorization document. Does she not remember what her actual status was? Does that card have the word “resident” or term “permanent resident” anywhere on it?

in any case even if she had a green card, it’s abandoned long ago. You’ll have to petition her. 

I talked to my uncle on the phone(the one still in the US, a US Cit) and i found out that they didn't came as an IR, they came as a dependent on my grandfather's work visa in 1979 and in 1981 my grandfatr is became an lpr and subsequently adjusted the status of my uncles and mom to an lpr. 

[igoyougoduke 1,656]

i think the simplest would be to file I-130 if she wants to move here.  it might be more headache trying to decipher the cryptic card

Edited January 31, 2020 by Donald120383

[zachdg 0]

Thank you all for your response, it has helped me in some way. I'll try to post an update regarding this matter at a later time when we figured it out

[zachdg 0]

3 minutes ago, Donald120383 said:

i think the simplest would be to file I-130 if she wants to move here.  it might be more headache trying to decipher the cryptic card

I'll do that, LOL as i might be spending more money trying to regain her status, Yeah she said that "I want to come to the US again, be with all of you again" in our last phone call, she is now alone there in PI as my uncle already died earlier last year 

Edited January 31, 2020 by zachdg