A miracle happened for my brother. Hoping the same for me.

[Tulip1310 3]

My family’s story is a whole ride so sit tight. Before I was born my parents and brother were permanent residents in the US. Suddenly my grandparents fell sick (leukemia and heart disease) in circa 2000 and my family went back to our home country with re-entry permits to take care of them. Unfortunately they overstayed a little and the border officer pressured my parents to surrender their LPR status via I-407 in circa 2004. My brother was a toddler so they didn’t bother to surrender his because it should apply to the child if parents surrender. This is what I read at least. After 10 years in our home country we all moved back to the US in 2012 and have been living here since. We started our green card process anew but have been stuck in the H1B backlog for another decade. 

 

My brother aged out and moved onto F1 status. We heard from so many lawyers to not bother to try and renew his old expired greencard but in a desperate effort he filed form I-90 in 2020 with every expectation that it won’t go through. To our utter shock they renewed his greencard!! After like 7 months of waiting for a biometrics appointment, he finally got it. He even showed up to his biometrics with his old outdated greencard from the 90s with his baby self on it. They took it without a word and the next day they approved it. We are all in shock and very happy for him. We believe it was successfully renewed because they saw that he was a good kid with strong ties to the US (went to high school and college here) and he has a clean background without criminal history. He also never left the country since 2012.

My mom wants to try and do the same for herself so that I can get the same benefit too through her (I’m 20 and won’t fall into F2A category soon). The only difference is that she actually filed an official abandonment of status via I-407. However, we looked at form I-90 closely and saw that there is a section that asks whether you have ever filed I-407 after receiving your LPR status and to explain in detail if you did. I have researched this section so much and there is very little info on it. I know everyone will say it’s not possible but who knows. 

 

So she explained the family illness and the whole story and provided supporting documents. I am at my wits end with anticipation!! Believe me even i know how slim the chances are. I am hoping for a miracle for me and my family :)

 

Just wanted to vent and hear your thoughts. Maybe we can get it too?

[Boiler 45,525]

I have certainly heard about a I 407 being overturned but it seems a Unicorn situation.

 

I would recommend appointing a Lawyer familiar with Abandonment issues. Most are not.

 

 

[Tulip1310 3]

Do you mind elaboration on what these situations were where you saw an I-407 being overturned? @Boiler

[SalishSea 17,836]

59 minutes ago, Tulip1310 said:

My family’s story is a whole ride so sit tight. Before I was born my parents and brother were permanent residents in the US. Suddenly my grandparents fell sick (leukemia and heart disease) in circa 2000 and my family went back to our home country with re-entry permits to take care of them. Unfortunately they overstayed a little and the border officer pressured my parents to surrender their LPR status via I-407 in circa 2004. My brother was a toddler so they didn’t bother to surrender his because it should apply to the child if parents surrender. This is what I read at least. After 10 years in our home country we all moved back to the US in 2012 and have been living here since. We started our green card process anew but have been stuck in the H1B backlog for another decade. 

 

My brother aged out and moved onto F1 status. We heard from so many lawyers to not bother to try and renew his old expired greencard but in a desperate effort he filed form I-90 in 2020 with every expectation that it won’t go through. To our utter shock they renewed his greencard!! After like 7 months of waiting for a biometrics appointment, he finally got it. He even showed up to his biometrics with his old outdated greencard from the 90s with his baby self on it. They took it without a word and the next day they approved it. We are all in shock and very happy for him. We believe it was successfully renewed because they saw that he was a good kid with strong ties to the US (went to high school and college here) and he has a clean background without criminal history. He also never left the country since 2012.

My mom wants to try and do the same for herself so that I can get the same benefit too through her (I’m 20 and won’t fall into F2A category soon). The only difference is that she actually filed an official abandonment of status via I-407. However, we looked at form I-90 closely and saw that there is a section that asks whether you have ever filed I-407 after receiving your LPR status and to explain in detail if you did. I have researched this section so much and there is very little info on it. I know everyone will say it’s not possible but who knows. 

 

So she explained the family illness and the whole story and provided supporting documents. I am at my wits end with anticipation!! Believe me even i know how slim the chances are. I am hoping for a miracle for me and my family

 

Just wanted to vent and hear your thoughts. Maybe we can get it too?

You definitely need an experienced immigration lawyer for this.  It is not DIY.

[Tulip1310 3]

My mom has already filed the I-90 and she received a receipt notice. Waiting on biometrics. Maybe the receipt notice is a good sign?

[Boiler 45,525]

8 minutes ago, Tulip1310 said:

My mom has already filed the I-90 and she received a receipt notice. Waiting on biometrics. Maybe the receipt notice is a good sign?

Just means that they received it.

 

Wondering what reason she put down for completing the I 407 and why she did not intend to relinquish DC status.

[Tulip1310 3]

@Boiler She put my grandparents sudden illness back then as the reason for relinquishing status. She uploaded all the medical documents for that as well. She also wrote that she is desperate because i am aging out soon and I face the prospect of self-deportation. 

 

What do you think? 

[Boiler 45,525]

I would not think your situation is relevant, have you looked at a CoS to a Student Visa, that seems the normal route.

 

Did she include what they had done to maintain US Residency when they were gone, presumably they were living somewhere, filing taxes etc. What about all their possessions?

[Tulip1310 3]

Unfortunately they did not maintain much ties to the US during the time they were away. They tried a few times for a job in the US and were unsuccessful. However in 2012 they were successful and now we have property, bank accounts, and our whole lives here. Hoping this will be relevant.

[Boiler 45,525]

I can see all sorts of issues which is why I am recommending an Immigration Lawyer competent in this area.

 

Seems like they shut up shop and went home and 4 years later tried to re-enter. Might be tricky claiming coercion.

 

12 years later they obtained H1B and H4, a work visa, applying for those sort of implies they did not consider that they were LPR's.

 

Begs the question if it will be safe for your brother to apply for Citizenship, might open a can of worms, obviously another take legal advise situation. He could sponsor your Parents if that worked.

[Tulip1310 3]

You're right it is tricky to talk about coercion. My moms explanation was mostly about the illness of my grandparents as the primary reason for abandoning status and her regret over this because that is the truth. Hopefully USCIS interprets that as a non-voluntary decision. She barely mentioned coercion at all. I'm mostly curious about why there is even an I-407 section of the I-90 in the first place and when this is used. 

[Okboy 43]

2 hours ago, Tulip1310 said:

My family’s story is a whole ride so sit tight. Before I was born my parents and brother were permanent residents in the US. Suddenly my grandparents fell sick (leukemia and heart disease) in circa 2000 and my family went back to our home country with re-entry permits to take care of them. Unfortunately they overstayed a little and the border officer pressured my parents to surrender their LPR status via I-407 in circa 2004. My brother was a toddler so they didn’t bother to surrender his because it should apply to the child if parents surrender. This is what I read at least. After 10 years in our home country we all moved back to the US in 2012 and have been living here since. We started our green card process anew but have been stuck in the H1B backlog for another decade. 

 

My brother aged out and moved onto F1 status. We heard from so many lawyers to not bother to try and renew his old expired greencard but in a desperate effort he filed form I-90 in 2020 with every expectation that it won’t go through. To our utter shock they renewed his greencard!! After like 7 months of waiting for a biometrics appointment, he finally got it. He even showed up to his biometrics with his old outdated greencard from the 90s with his baby self on it. They took it without a word and the next day they approved it. We are all in shock and very happy for him. We believe it was successfully renewed because they saw that he was a good kid with strong ties to the US (went to high school and college here) and he has a clean background without criminal history. He also never left the country since 2012.

My mom wants to try and do the same for herself so that I can get the same benefit too through her (I’m 20 and won’t fall into F2A category soon). The only difference is that she actually filed an official abandonment of status via I-407. However, we looked at form I-90 closely and saw that there is a section that asks whether you have ever filed I-407 after receiving your LPR status and to explain in detail if you did. I have researched this section so much and there is very little info on it. I know everyone will say it’s not possible but who knows. 

 

So she explained the family illness and the whole story and provided supporting documents. I am at my wits end with anticipation!! Believe me even i know how slim the chances are. I am hoping for a miracle for me and my family

 

Just wanted to vent and hear your thoughts. Maybe we can get it too?

Everything is possible for those that believe. Pray and put all in the hands of Almighty God and you will experience his glorious work. God bless you and family.

[TBoneTX 45,304]

Find an attorney.  Good luck.

[Cathi 5,755]

Lawyer up.

[retheem 566]

Immigration is something that needs a great knowledge and wits also. I leave it at that