Expired and lost Green Card

[Calicolom 266]

I live part time in Colombia, with my wife. My brother is a permanent resident, of the USA for the last 57 years. Last month he came to visit us in Colombia. He told me he has a return ticket for the USA. (He has the onset of Alzheimer's) I then ask him, if he has his green card, he told me no, I then ask him how he expects to get back to the USA. I called his friend, and ask him to look for my Brothers green card in his apartment, he send me a copy, the green card has been expired the last 15 years. Can I file ESTA for him, he is a German citizen, with valid German Passport. Or what are his options to get him back to the USA. Thanks. 

[Family 3,988]

https://co.usembassy.gov/es/visas-es/immigrant-visas-es/servicios-para-los-residentes-legales-permanentes/

1. File I-131 A online ( see link above ) . It’s a bit tricky but u can do it. If you get stuck use help from USCIS interactive Emma and ask for live agent

 

2. May also need to file I-90 renewal online………… but I would wait for them to review the I-131 A  which is a BOARDING FOIL done from there and they will contact you . 
 

 

 

 

[Family 3,988]

Link in English for I-131 A ( Boarding Foil) https://www.uscis.gov/i-131a

[Mike E 11,739]

How long has he been in outside the USA?

[Family 3,988]

12 hours ago, Mike E said:

How long has he been in outside the USA?

OP states “last month”

[Calicolom 266]

20 hours ago, Mike E said:

How long has he been in outside the USA?

1 month. I did apply for ESTA and it was approved in 72 Hrs. 

Edited April 23, 2022 by Calicolom

[Calicolom 266]

22 hours ago, Family said:

https://co.usembassy.gov/es/visas-es/immigrant-visas-es/servicios-para-los-residentes-legales-permanentes/

1. File I-131 A online ( see link above ) . It’s a bit tricky but u can do it. If you get stuck use help from USCIS interactive Emma and ask for live agent

 

2. May also need to file I-90 renewal online………… but I would wait for them to review the I-131 A  which is a BOARDING FOIL done from there and they will contact you . 
 

 

 

 

Thanks, As soon as he gets back, he will file for green card replacement.

[Chancy 6,241]

17 minutes ago, Calicolom said:

I did apply for ESTA and it was approved in 72 Hrs.

 

Applying for ESTA was a mistake, IMO.  DHS now has a record that your brother wants to enter the US as a visitor.  That could give the impression that he wants to give up his LPR status.

 

[Family 3,988]

ESTA is for those visiting the US, not Legal Permanent Residents that are returning..not sure why you applied for it, because he needs a “ boarding foil “ I-131 A to return ( since he doesn’t have his card AND the card is expired). Call the numbers I sent you in earlier post

[Mike E 11,739]

17 hours ago, Calicolom said:

1 month. I did apply for ESTA and it was approved in 72 Hrs. 

You applied for esta for yourself or for the person with lost green card?

[Mike E 11,739]

17 hours ago, Chancy said:

 

Applying for ESTA was a mistake, IMO.  DHS now has a record that your brother wants to enter the US as a visitor.  That could give the impression that he wants to give up his LPR status.

 

For an absence of one month I give DHS’s odds of prevailing in immigration court to be under 1 in a million.  For an absence of 367 days I’d say 50/50.  
 

While I am surprised esta was approved, that it was this time means that it must have been before for other LPRs.  I’ve yet to hear of a case where DHS started removal proceedings for an LPR that mistakenly applied for ESTA.  
 

I heard of cases where citizens or LPRs do not disclose their status at the actual port of entry, are admitted as non immigrants and later end up in trouble because they misrepresented their status.