Visa after greencard?

[Goodluckeveryone 42]

15 hours ago, Boiler said:

Simplest would be to file from scratch, did she file a I 407.

 

Why did she not come back?

His wife didnt want her to come and stay  here with them. And at that time I was not here so she did not have a choice.

Edited September 26, 2022 by Goodluckeveryone
Typo

[Goodluckeveryone 42]

14 hours ago, Boiler said:

She has been gone 17 years and now there is a rush.

 

OP did not say how old she is but I am going to assume well past retirement age. And that is a long trip with potential consequences. Air fare is not cheap.

 

KISS applies here.

She is 67 now. There is no rush I just want to make sure it is the right path. I do not want to renew and she gets denied the re-entry. Or I apply for I-130 and they tell me that it cannot be done since she already has an pr status. 

 

[Goodluckeveryone 42]

14 hours ago, Lil bear said:

Although not explicit that the GC cannotbbe renewed overseas, the person involved certainly doen not meet the following found on the USCIS I90 info page 

 

If you are outside the United States and your Green Card will expire within six months (but you will return within one year of your departure from the United States and before the card expires), you should file Form I-90 as soon as you return to the United States.

 

She has failed to meet the requirements for maintaining LPR  status.  If she wants to fight it out in court .. fine ..   the form requires a current physical address .. unless she is going to not be honest , this must be her overseas address. Open the can of worms if her travel history is checked during processing.. or when asked “ how long have you been overseas” at POE. Way to many implications for my comfort zone … but thats me. 
 

im out 

Thats what I feel like.. its a long process and she cant explain her long absence and if she is denied the re-entry  at POE then why go through the hassle. Looks like she abondoned her status.. and if I were to use that option may be I should have done 5 years ago to try luck.. but since now I am close to getting the citizenship I can petition for her the right way..  

[Lil bear 4,181]

8 minutes ago, Goodluckeveryone said:

She is 67 now. There is no rush I just want to make sure it is the right path. I do not want to renew and she gets denied the re-entry. Or I apply for I-130 and they tell me that it cannot be done since she already has an pr status. 

 

She should file the I407 to relinquish the LPR status 

 

You can then file the I 130 with confidence 

This has been done by many people .. us included. We were LPR through work for 9 years , returned to Australia, submitted I407, visited our son often on VWP without issues .. then successfully applied for IR5 through our son several decades later 

[Goodluckeveryone 42]

4 minutes ago, Lil bear said:

She should file the I407 to relinquish the LPR status 

 

You can then file the I 130 with confidence 

This has been done by many people .. us included. We were LPR through work for 9 years , returned to Australia, submitted I407, visited our son often on VWP without issues .. then successfully applied for IR5 through our son several decades later 

Do I have to apply I407 or can I petition for I130 without doing so?

[Lil bear 4,181]

17 minutes ago, Goodluckeveryone said:

Do I have to apply I407 or can I petition for I130 without doing so?

The I407 is a statement of relinquishing the previous green card   It is filled and submitted by the GC  holder .. your mom. Its like submitting a stat declaration that your drivers license was stolen or lost so that the DMV will issue another one… because you cant have two at the same time .. well legally you cant .. It keeps the process “clear” and the paper trail complete. 
 

Problem is that the USCIS doesnt actively review every GC holder to verify that they they are still maintaining their status. Its only reviews when something triggers it .. hence comments in here about trying to renew it, trying to return if its still valid but been outside US for years .. its this grey space that is murky, unpredictable no mans land . 

 

Theoretically the I 130 should be returned unprocessed to you because their records will show that she has a GC.. albeit expired .. but an expired GC is only her evidence of status .. people often forget to renew it after it expires but if they have maintained the requirements they still LPR. USCIS would come back to you and say “ Renew the card using I90”   But you know the situation with doing that 

 

Filing the 407 clears up this ambiguity for her and confidently opens   the way for you to petition for her again 

Edited September 26, 2022 by Lil bear

[Mike E 11,739]

47 minutes ago, Goodluckeveryone said:

His wife didnt want her to come and stay  here with them. And at that time I was not here so she did not have a choice.

That adds a new complexion. She went through the visa process on the understanding that her petitioner and primary financial sponsor would support her. That person reneged (which isn’t legal) and so she was compelled to leave the US or sue her financial sponsor. Given she was related to the petitioner she opted to return to her country of origin.   

 

34 minutes ago, Goodluckeveryone said:

  if she is denied the re-entry  at POE

Legally she cannot be denied entry. Legally she has to be admitted. CBP’s lawful choices here are limited to:

 

* admitting her as a returning resident. Best outcome. She resumes her life in the USA as an LPR.  But she should not leave the USA again until she it a citizen 

* admitting her an arriving alien. She will get a notice to appear and likely her green card will be seized and she will be given a temporary I-551 in return. She remains an LPR until a judge removes her status.  
* suggest that she file I-407 to relinquish her LPR status.  The line be suggestion and coercion is thin and some LPRs who signed I-407 at the print of entry have successfully reclaimed their status. If she signs I-407, usually CBP will admit her on a B-2 status with a 6 month (or more) authorized stay.  

Edited September 26, 2022 by Mike E

[Lil bear 4,181]

Supporting the immigrant doesn't mean that the sponsor has to agree to have live with them. We don't know the discussions that took place before during or after the process… what options were offered or discussed.  Knowing extended family relationships .. there was probably quite a lot of unspoken expectations and plans  in many minds and hearts. Clear communication in a timely manner doesn't always happen 😓

 

Past is gone , done .. chance to start again .. and get a happier result hopefully 

[Calicolom 265]

17 hours ago, Mike E said:

File I-90, try to board the flight, try to be admitted as a returning resident.  She might  luck out. 
 

 

Getting on the plane, is the problem.

[Mike E 11,739]

11 minutes ago, Calicolom said:

Getting on the plane, is the problem.

Lawfully she is permitted to board the plane with an expired 10 year gc.  Granted airlines don’t have to board her.  But then again  my wife has been nearly denied boarding with her unexpired  gc before.   

[STO Overland 137]

3 hours ago, Calicolom said:

Getting on the plane, is the problem.

As my old mentor used to say "It's not a problem until it is a problem".

 

Mike has already shared precedent therefore other than the cost of an airfare that could be refunded or credited against another flight, what other loss is there in trying to do what @Mike E is suggesting? Genuinely asking. OP's mum may even know the answer whether they will get on a flight or not at the time of flight booking. 

 

Personally if I were in OP's shoes, and they're easy shoes to try on as I sit here keyboard warlording, I would exhaust all means based on set precedent before submitting I-407 and starting all over again.

[Goodluckeveryone 42]

On 9/26/2022 at 9:58 AM, Lil bear said:

The I407 is a statement of relinquishing the previous green card   It is filled and submitted by the GC  holder .. your mom. Its like submitting a stat declaration that your drivers license was stolen or lost so that the DMV will issue another one… because you cant have two at the same time .. well legally you cant .. It keeps the process “clear” and the paper trail complete. 
 

Problem is that the USCIS doesnt actively review every GC holder to verify that they they are still maintaining their status. Its only reviews when something triggers it .. hence comments in here about trying to renew it, trying to return if its still valid but been outside US for years .. its this grey space that is murky, unpredictable no mans land . 

 

Theoretically the I 130 should be returned unprocessed to you because their records will show that she has a GC.. albeit expired .. but an expired GC is only her evidence of status .. people often forget to renew it after it expires but if they have maintained the requirements they still LPR. USCIS would come back to you and say “ Renew the card using I90”   But you know the situation with doing that 

 

Filing the 407 clears up this ambiguity for her and confidently opens   the way for you to petition for her again 

So she filed I-407 and returned her expired green card. After 4 months they sent a confirmation that it was processed. Now that being out of the way, I am filing I-130 for her. 

There is a question asking if she has an A- number and social Security.

Should I write yes for the A number or no because gc was returned? Would she be a assigned a new number?

And about ssc, she does not remember if she got one last time or not. Even if she did, she probably lost it. So should I write no or write yes and say it was lost? 

 

[Mike E 11,739]

27 minutes ago, Goodluckeveryone said:

There is a question asking if she has an A- number and social Security.

Should I write yes for the A number or no because gc was returned?

answer is yes

27 minutes ago, Goodluckeveryone said:

 

 

Would she be a assigned a new number?

maybe. Does it matter?

27 minutes ago, Goodluckeveryone said:

And about ssc, she does not remember if she got one last time or not. Even if she did, she probably lost it. So should I write no or write yes and say it was lost? 

Afaict: The paper form just asks for the SSN if any. So if filing by paper, leave response blank, and include a note in Part 9 stating beneficiary does not recall if an SSN was issued or not.