Mother’s Green Card

[MelissaS 0]

Hello everyone, I have a quick questions:

 

1. My Mother has been living in the Philippines for 7 years. She’s a 10 year green card holder and will expire 2024. I plan on bringing her back next year 2023. What document can she brings? Are they going to ask why she stayed that long in the Philippines.

2. Can she petition my siblings even she has a green card? Does she needs to be a citizen first before she can petition my sisters. How long is the process to petition my sisters if my mom petition them. I am a citizen how long is the process if I am the one petition them? Please any input is highly appreciated!

 

Thanks,

Melissa

[JeanneAdil 6,511]

The law states that if a Green Card holder remains outside of the United States for one year and one day during any one trip, they are considered to have abandoned their residency and lose their Green Card and permanent resident status

[MelissaS 0]

Does that mean she can’t come back?

[mushroomspore 3,044]

23 minutes ago, MelissaS said:

Hello everyone, I have a quick questions:

 

1. My Mother has been living in the Philippines for 7 years. She’s a 10 year green card holder and will expire 2024. I plan on bringing her back next year 2023. What document can she brings? Are they going to ask why she stayed that long in the Philippines.

2. Can she petition my siblings even she has a green card? Does she needs to be a citizen first before she can petition my sisters. How long is the process to petition my sisters if my mom petition them. I am a citizen how long is the process if I am the one petition them? Please any input is highly appreciated!

 

Thanks,

Melissa

1. 7 years outside of the USA?? As JeanneAdil said above, green card holders who are outside of the USA for 1 year and 1 day or more are considered to have abandoned their residency status. It would be slightly different if she left in 2020 and was stuck outside of the USA because of COVID. But obviously she left a long time ago and never came back. Yes of course she will be asked why she stayed that long. Be prepared for CBP to ask her a lot of questions. CBP will obviously decide whether to let her in or not. You should also be prepared for your mother to see an immigration judge if she is allowed into the USA.

 

2. If you are a US citizen and want to petition your siblings, the wait time for siblings is like 15-20+ years. Not sure if a green card holder can petition for their children...I believe there are specific rules depending on the ages of the children (under or over 21) and their marital status (married or single). 

[mushroomspore 3,044]

11 minutes ago, MelissaS said:

Does that mean she can’t come back?

Since she has a valid green card, she will be able to board a plane to the USA. However, it will be up to CBP what to do with her since she has been away for so long.

[MelissaS 0]

She stayed for a long time in the Philippines due to illness. I’ll consult an immigration judge if they can let her in the US without any issues..

I have a sister that is married with kids. She is over 21. And also, I have a sister that is single with kid and she is over 21. I plan to petition both of them if ever my mom can’t come back. Could you please help what are the requirements? Or if you know what form to file. Thank you very much!

[SalishSea 17,836]

4 minutes ago, MelissaS said:

She stayed for a long time in the Philippines due to illness. I’ll consult an immigration judge if they can let her in the US without any issues..

I have a sister that is married with kids. She is over 21. And also, I have a sister that is single with kid and she is over 21. I plan to petition both of them if ever my mom can’t come back. Could you please help what are the requirements? Or if you know what form to file. Thank you very much!

It is more than just knowing "which form to file."

 

You need to read the guides and do your own research.  It is a complicated process that you need to educate yourself about.

 

Researching and becoming educated can help you to avoid pitfalls such as not realizing that green card holders cannot live outside of the US indefinitely

[aaron2020 11,651]

1 hour ago, MelissaS said:

Hello everyone, I have a quick questions:

 

1. My Mother has been living in the Philippines for 7 years. She’s a 10 year green card holder and will expire 2024. I plan on bringing her back next year 2023. What document can she brings? Are they going to ask why she stayed that long in the Philippines.  Her problem will not be with CBP.  Her problem will be with the airlines refusing to fly her once they find out that she has been outside the US for more than a year.  They can be fined, so that is why they may not allow her to fly to the US.  Being outside the US for more than a year, the law presumes that the person has abandoned their green card.  A green card holder is required to live in the US, not abroad in their home country.

2. Can she petition my siblings even she has a green card? A green card holder can file for an unmarried child.  Does she needs to be a citizen first before she can petition my sisters. Only USC can filed for a married child. Are your sisters married?  How long is the process to petition my sisters if my mom petition them.  10 years if single and 20 years if married.   I am a citizen how long is the process if I am the one petition them? 20 years single or married.  Please any input is highly appreciated!

 

Thanks,

Melissa

 

Your mother has a MAJOR problem.  

She got her green card in 2014.  She has been back in the PI living there for 7 years.  Doesn't look like she lived in the US for very long.  Doubt she has a driver's license, bank account, etc. in the US.  Looks like she has abandoned her green card card status.  It's going to be a challenge for you to get her on a flight back to the US.  

[aaron2020 11,651]

1 hour ago, mushroomspore said:

Since she has a valid green card, she will be able to board a plane to the USA. However, it will be up to CBP what to do with her since she has been away for so long.

Which airline is going to let her fly?  If they find out she has been outside the US for more than a year, she is likely to be refused boarding.  

[aaron2020 11,651]

1 hour ago, MelissaS said:

She stayed for a long time in the Philippines due to illness. I’ll consult an immigration judge if they can let her in the US without any issues..

I have a sister that is married with kids. She is over 21. And also, I have a sister that is single with kid and she is over 21. I plan to petition both of them if ever my mom can’t come back. Could you please help what are the requirements? Or if you know what form to file. Thank you very much!

How are you going to consult an immigration judge?  Do you know one?  Furthermore, an immigration judge has nothing to do with airlines and CBP.

 

This is Do-It-Yourself.   Not we do it for you.  There are lots of resources on VJ.  Guides to petition siblings.  Read them.  Come back for help after you have done some research.   This  can be complex and I have too often seen people screw up these long cases.  You are responsible for everything.  If you can't do it alone, then hire an immigration attorney.  

[Boiler 45,525]

I know an Immigration Judge

 

Is she really intending to live in the US? By my calculations she came here for a few months maybe a year and the went home 

 

Has she been filing her taxes etc it did she just use it as a visit visa?

 

Normally I would suggest hoping on a plane and see what happens make sure she brings her medical records so she can evidence why she has not been able to travel for 7 years

 

Sponsoring  her children when she is with them sounds odd 

 

You can file for your siblings Philippines F4 maybe 30 years?

Edited May 18, 2022 by Boiler

[Redro 4,611]

4 hours ago, MelissaS said:

Hello everyone, I have a quick questions:

 

1. My Mother has been living in the Philippines for 7 years. She’s a 10 year green card holder and will expire 2024. I plan on bringing her back next year 2023. What document can she brings? Are they going to ask why she stayed that long in the Philippines.

2. Can she petition my siblings even she has a green card? Does she needs to be a citizen first before she can petition my sisters. How long is the process to petition my sisters if my mom petition them. I am a citizen how long is the process if I am the one petition them? Please any input is highly appreciated!

 

Thanks,

Melissa

 

Does your mother want to return to the US for a visit, because she wants to live there or because you think she needs to be in the US when she files petitions for your siblings? Or because she wants to renew her green card before returning home?

[SteveInBostonI130 3,459]

4 hours ago, MelissaS said:

She stayed for a long time in the Philippines due to illness. I’ll consult an immigration judge if they can let her in the US without any issues..

I have a sister that is married with kids. She is over 21. And also, I have a sister that is single with kid and she is over 21. I plan to petition both of them if ever my mom can’t come back. Could you please help what are the requirements? Or if you know what form to file. Thank you very much!

 

First, I am not sure how you will be able to consult an immigration judge.  You can consult a lawyer, but you will need a case to get in front of a judge unless you know one personally. 

 

Second, it all starts with form I-130 for your siblings.  Their category will be F4 - siblings of USC.  Here's a starting guide:

 

 

 

[SusieQQQ 11,586]

6 hours ago, MelissaS said:

She stayed for a long time in the Philippines due to illness. I’ll consult an immigration judge if they can let her in the US without any issues..

 

This illness has been so long yet is so predictable in when it will end that you  

 

7 hours ago, MelissaS said:

plan on bringing her back next year 2023

Hmmm. 
 

Anyway assuming you may find it hard to find an immigration judge who has the time for a chat or consult, you can in the meanwhile have a look at the official pages on this for a guide on the kind of evidence you will need.
 

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. (https://www.uscis.gov/green-card/after-we-grant-your-green-card/international-travel-as-a-permanent-resident )

 

One of the first things they will look at is how long she planned to be out the US ( https://www.uscis.gov/green-card/after-we-grant-your-green-card/maintaining-permanent-residence ) - so, what was the original date on her return ticket to the US (she did have one, right?) and the specific factors that led her to being unable to use that?

 

Then, these are the kinds of factors she can use to show that she did not intend to abandon 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. (https://www.uscis.gov/green-card/after-we-grant-your-green-card/international-travel-as-a-permanent-resident )

How many of these or similar types of examples can she show?

 

 

[SalishSea 17,836]

6 hours ago, Boiler said:

Sponsoring  her children when she is with them sounds odd 

Exactly.  No need for family reunification.

 

Pretty clear she has no intention to live in the US, and the plan is just to try to get green cards for the entire family.