Change of Petitioner

[SusieQQQ 11,586]

2 hours ago, aleful said:

hi

 

she can return immediately live in another place, move state, get a job. she has a year to reply to nvc, before they close the case, she can pay and stretch the nvc stage

 

or if she doesn't want to come back then the petition is lost and your brother can file for a new one, it will take a very long time

 

 

Hard to say she can just “return immediately” when she’s been gone 2 years. She’s on a green card remember, assumed abandoned now. 

[aleful 1,905]

Where does it say that she is a green card holder? I assumed she was a US Citizen

 

if she is a green card holder, then there is no petition, since she abandoned her residency. but if she is a US Citizen she can return

[Boiler 44,982]

I was going off the forum he posted in.

[Ellavale 0]

2 hours ago, SusieQQQ said:

Hard to say she can just “return immediately” when she’s been gone 2 years. She’s on a green card remember, assumed abandoned now. 

Yes she has green card which will  expire on 2023

[Lil bear 4,093]

3 minutes ago, Ellavale said:

Yes she has green card which will  expire on 2023

Only the card expires .. not the status .. unless the LPR has done something to abandon status .. such as living overseas for more than a year. Family immigration visas are for family reunification. If she no longer lives in the US, then this won’t be reunification between her and you .. will it ? 

 

[Ellavale 0]

3 minutes ago, Lil bear said:

Only the card expires .. not the status .. unless the LPR has done something to abandon status .. such as living overseas for more than a year. Family immigration visas are for family reunification. If she no longer lives in the US, then this won’t be reunification between her and you .. will 

Will she be able to go back to the US for medical reasons?

[Just Paul 4,595]

4 minutes ago, Ellavale said:

Will she be able to go back to the US for medical reasons?

She is allowed to board (since green card is not expired) then she will seek permission to enter at the POE.  If there is an issue she can ask for a hearing.  Don't sign anything, especially a I-407 to surrender her green card.  Hearing would be in a few months or maybe even a year.

[JFH 12,189]

54 minutes ago, Ellavale said:

Will she be able to go back to the US for medical reasons?

Does she have health insurance here if she has been gone so long? If not, she must be very rich to chose to have her medical treatment in the country with the most expensive doctors and drugs in the world. 
 

 

[Ellavale 0]

35 minutes ago, JFH said:

Does she have health insurance here if she has been gone so long? If not, she must be very rich to chose to have her medical treatment in the country with the most expensive doctors and drugs in the world. 
 

 

She is under welfare in the US, I think. Well it's certainly more expensive to be sick here but that's her choice. She had breast cancer before, and she's  taking maintenance for diabetes ang high blood pressure.

[JFH 12,189]

34 minutes ago, Ellavale said:

She is under welfare in the US, I think. Well it's certainly more expensive to be sick here but that's her choice. She had breast cancer before, and she's  taking maintenance for diabetes ang high blood pressure.

Welfare? But she’s a GC holder and has been out of the country for 2 years? Welfare is not intended for such circumstances. How would she be able to sponsor you if she relies on welfare to take care of herself? 

[belinda63 3,022]

To qualify for Medicaid she has to live in the US. I am going to make a leap and guess your brother is sponsoring you along with your mother. Your mother is still required to be the main sponsor which means she must provide the most recent US tax return or a reason why she did not have to file a tax return. She will need to provide evidence that she is living in the US. 

 

[SusieQQQ 11,586]

1 hour ago, Ellavale said:

She is under welfare in the US, I think. Well it's certainly more expensive to be sick here but that's her choice. She had breast cancer before, and she's  taking maintenance for diabetes ang high blood pressure.

Is it her choice, though? It sounds like you want her to move back so you can get a green card faster. If she had been thinking of moving back then you wouldn’t have asked about your brother taking her place? Is it really worth her potentially not being able to afford good health to move back for this reason?

 

You will also need to read up on the new public charge rules. Her using public support is going to be a negative for your case.

 

2 hours ago, Paul & Mary said:

She is allowed to board (since green card is not expired) then she will seek permission to enter at the POE.  If there is an issue she can ask for a hearing.  Don't sign anything, especially a I-407 to surrender her green card.  Hearing would be in a few months or maybe even a year.

well, she can try board. The last couple of times I travelled outside the US on my green card, coming back from two different countries, I was specifically asked how long I had been outside the US for when I presented my green card. I know not everyone is asked every time but there is no guarantee she will be allowed to board just because she presents an unexpired-on-the-face-of-it green card.  

Plus: as far as I know, if someone is applying to enter as a LPR, and they intend to use public aid (become a public charge) they can be refused entry simply on those grounds. So that’s already two problems with applying for re-entry.
And then if she is allowed in to await a hearing: Also begs the question of whether she will be considered an appropriate sponsor if she is under potential removal proceedings, or whatever the official term for waiting for an IJ hearing is. Aren’t so many IJ courts backlogged now too? Could be many months.

[Just Paul 4,595]

1 minute ago, SusieQQQ said:

Plus: as far as I know, if someone is applying to enter as a LPR, and they intend to use public aid (become a public charge) they can be refused entry simply on those grounds. So that’s already two problems with applying for re-entry.

That wasn't disclosed prior to my comment   

2 minutes ago, SusieQQQ said:

Also begs the question of whether she will be considered an appropriate sponsor if she is under potential removal proceedings, or whatever the official term for waiting for an IJ hearing is. Aren’t so many IJ courts backlogged now too? Could be many months.

The OP's petition (via mother) is likely moot.   It could be a year to get a hearing.