Still waiting for I-90 10 yrs green card renewal?

[ivantran85 1]

Hey guys

My mom had filed I-90 last may 2019, she got extension sticker on her old green card until may 2020, right now she is in Vietnam and dont want to come back to USA due to corona virus situation in the US. Is there anyway to extend her extension sticker on her old green card? or does she have to come back to america in the end of May 2020? I guess her application for I-90 will be delayed due to the corona virus. 

If she stays in Vietnam for more than 6 months but less than 1 year, can she still come back to the US without any problem with CBP officer. Usually she always apply for reentry permit before leaving US, but this time she doesn't. Can she explain to the CBP that she wants to wait until the corona virus situation in the US stabilize and then she would come back. Do you think that is reasonable explanation?

 

Thanks guy 

 

[African Zealot 1,455]

5 hours ago, ivantran85 said:

 Is there anyway to extend her extension sticker on her old green card? or does she have to come back to america in the end of May 2020? I guess her application for I-90 will be delayed due to the corona virus. 

No way to extend while she is away.

 

Quote

 

However Customs and Border Protection (CBP) policy permits a transportation carrier bound for the United States to board a permanent resident with an expired green card if the passenger has:  

 

• An expired green card with a 10-year expiration date; or
• An expired green card with a 2-year expiration date AND a Form I-797, Notice of Action, showing that they have filed a Form I-751 or Form I-829 to remove the conditions on their permanent resident status. The Notice of Action extends the validity of the card for a specified length of time.

If you meet either of the above requirements, you’ll most likely be able to board your carrier. However, we encourage you to check with your airline or vessel first. In some cases, the transportation carrier may choose to demand valid, unexpired green cards. (If your carrier does not accept an expired green card, you may need to file Form I-131A)

 

File Form I-131A, Application for Travel Document (Carrier Documentation), with the nearest U.S. embassy or consulate to resolve this situation. Upon approval, applicants receive a travel document in the form of a boarding foil or a transportation letter. Passengers can present the travel document to the transportation carrier and return to the United States. The document is typically valid for 30 days.  

 

Generally, you should only use Form I-131A to request a carrier documentation if you are:  

• Returning from temporary overseas travel of less than one year, and your green card has been lost, stolen or destroyed; or
• Returning from temporary overseas travel of less than two years, and your reentry permit has been lost, stolen or destroyed.

 

Of course you can also choose to mail her the new card when it arrives so she uses it to return. Remember however if she return after one year of absence, it’s the discretion of the CBP Officer at the airport to allow her in easily, or put her in removal proceedings to have her permanent residence status revoked by an immigration judge.

 

It appears to me your mother really is using her green card like a visa because she keeps traveling for extended periods and applying for reentry permit. If she continues such behavior at some point her permanent residence will be revoked. The green card is for living in the USA, and not a substitute for a visa.

 

You both need to think to think very carefully. I see this behavior a lot in my immigrant community and it never ends well. If she doesn’t want to live in the USA (most old immigrants don’t, they don’t enjoy it here) she should voluntarily give up jet green card. That way she will easily get a multiple entry visa to visit you. However if her green card is involuntarily revoked by immigration, she will very unlikely ever get a visa to visit the USA again.

Edited March 23, 2020 by Ray.Bonaquist

[ivantran85 1]

If she gives up her green card, can she still apply for tourist visa after that? Im just worried that the embassy see that she already had green card and will deny her tourist visa.