Green Card

[Clio Gemelas 0]

 

 

 

 

 

 

 

I have a question for a relative.  She has I have a green card that expires in 2026, but  stayed in Greece over two years.  She came in 2018, left in 2019 and returned now ...the delay being caused by covid lockdowns, ets.  This is not  allowed....what does she have to do?  She is currently in the US and came here with a ESTA Visa. She is returning to Greece on January 20, 2023 so that she does not violate the visa.  If possible could you please guide me as to what she has to do.

[OldUser 6,563]

You're saying she has a green card expiring in 2026, but she came to the US on ESTA? Why did she do that? Did she submit I-407 to abandon her LPR status?

[Rocio0010 5,579]

Your post is super confusing. 
who has a green card?

who has an ESTA?

[OldUser 6,563]

12 minutes ago, Rocio0010 said:

Your post is super confusing. 
who has a green card?

who has an ESTA?

Good question. Nothing adds up. If the relative had a 10 year GC and came in 2018, it would expire in 2028, not 2026. If she had conditional, then it would have expired already. More clarification is needed.

Edited December 8, 2022 by OldUser

[Rocio0010 5,579]

6 minutes ago, OldUser said:

Good question. Nothing adds up. If the relative had a 10 year GC and came in 2018, it would expire in 2028, not 2026. If she had conditional, then it would have expired already. More clarification is needed.

I think OP is saying he’s got a gc, but that doesn’t really help much if it’s his girlfriend and she’s planning on overstaying… so not sure why the gc is relevant here

[Lil bear 4,173]

1 hour ago, Clio Gemelas said:

 

 

 

 

 

 

 

I have a question for a relative.  She has I have a green card that expires in 2026, but  stayed in Greece over two years.  She came in 2018, left in 2019 and returned now ...the delay being caused by covid lockdowns, ets.  This is not  allowed....what does she have to do?  She is currently in the US and came here with a ESTA Visa. She is returning to Greece on January 20, 2023 so that she does not violate the visa.  If possible could you please guide me as to what she has to do.

What is she trying to do ?? Please be very clear about status,  dates etc .. better still have the “relative” join and ask her own questions 

[Clio 0]

Relative is not fluent in English or computer savvy...asked me to do a favor for her

 

[Clio 0]

OK, maybe I am not being that clear.  This lady used to live in the US on a green card.  She eventually returned to Greece and made yearly trips to the USA for family.  He LAST trip was 2018 and she stayed until 2019, then returning to Greece.  Due to Covid, she did not return YEARLY.  When she wanted to come this year, 2022, Greece told her that she would not be able to enter the US using her green card because she was out of US over a year and therefore they made her get an ESTA visa to come visit family.  Her original green card expires in 2026.  She is worried that she will lose her status DUE TO BEING out of the country for over 1 year.  How do we find out if that is true and how do we find out what she needs to do?  She did not file anything other than for the VISA to visit the US.  Thanks again in advance.

[OldUser 6,563]

29 minutes ago, Clio said:

OK, maybe I am not being that clear.  This lady used to live in the US on a green card.  She eventually returned to Greece and made yearly trips to the USA for family.  He LAST trip was 2018 and she stayed until 2019, then returning to Greece.  Due to Covid, she did not return YEARLY.  When she wanted to come this year, 2022, Greece told her that she would not be able to enter the US using her green card because she was out of US over a year and therefore they made her get an ESTA visa to come visit family.  Her original green card expires in 2026.  She is worried that she will lose her status DUE TO BEING out of the country for over 1 year.  How do we find out if that is true and how do we find out what she needs to do?  She did not file anything other than for the VISA to visit the US.  Thanks again in advance.

Usually visa or ESTA would have been denied if LPR applies for them. Who in Greece told her she cannot enter the US on her green card? What authority do they have?

 

If she didn't formally give up her LPR status she should exit the US and re-enter as a LPR on green card.

 

Did she keep any ties to the US? E.g. lease or real estate, bank accounts, immidiate relatives such as husband or kids?

 

Also, green card is for living in the US, not yearly visits. What is her long term plan? Is it to live in the US? If not, then she's in danger (already is) of losing her LPR status. If she loses LPR (green card taken away), she would have to apply again whichever route she can use: marriage to US citizen, work, DV lottery etc.

Edited December 8, 2022 by OldUser

[Mike E 11,739]

42 minutes ago, Clio said:

 , Greece told her

So nobody cares what Greece says. This is issue is not the business of Greece.  
 

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that she would not be able to enter the US using her green card because she was out of US over a year

She was lied to.  

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and therefore they made her get an ESTA visa to come visit family.

That’s illegal. And it’s an error for CBP to issue an ESTA to an LPR.  
 

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Her original green card expires in 2026.  She is worried that she will lose her status DUE TO BEING out of the country for over 1 year.

She should be more worried that she didn’t identify herself as an LPR when she entered the U.S. 

 

Besides which, spending the majority of her time outside the USA was going to inevitably result in her being questioned and warned and/or given an NTA.  

 

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  How do we find out if that is true and how do we find out what she needs to do?  She did not file anything other than for the VISA to visit the US.  Thanks again in advance.

She needs to file I-131 to get a re-entry permit. Wait for the biometrics and then she can leave for up to 2 years less a day.  
 

But why is she coming to the USA just once year? What does being an LPR do for her?

 

Personally, if I wanted to retain LPR status, I would stay inside the USA for the next 5 years and then naturalize.  

Edited December 8, 2022 by Mike E

[Clio 0]

Her situation changed.  Her husband died and her son moved back to Greece, so she wants to spend more time with her son.  

[OldUser 6,563]

15 minutes ago, Clio said:

Her situation changed.  Her husband died and her son moved back to Greece, so she wants to spend more time with her son.  

Not much can be done if she doesn't plan living in the US most of the time. Re-entry permit can give her up to 2 years of come and go, but probably not beyond that. Eventually she will lose her LPR status if this pattern continues.

 

If today she decided to live in the US most of the time, she could come on her green card, stay put for 5 years with maybe short trips abroad, and naturalize. In 6-6.5 years she could do whatever she wants. 

Edited December 8, 2022 by OldUser

[SalishSea 17,779]

5 hours ago, Mike E said:

So nobody cares what Greece says. This is issue is not the business of Greece.  
 

She was lied to.  

That’s illegal. And it’s an error for CBP to issue an ESTA to an LPR.  
 

She should be more worried that she didn’t identify herself as an LPR when she entered the U.S. 

 

Besides which, spending the majority of her time outside the USA was going to inevitably result in her being questioned and warned and/or given an NTA.  

 

She needs to file I-131 to get a re-entry permit. Wait for the biometrics and then she can leave for up to 2 years less a day.  
 

But why is she coming to the USA just once year? What does being an LPR do for her?

 

Personally, if I wanted to retain LPR status, I would stay inside the USA for the next 5 years and then naturalize.  

The ESTA would have been issued in Greece before travel.

[Mike E 11,739]

5 hours ago, Clio said:

Her situation changed.  Her husband died and her son moved back to Greece, so she wants to spend more time with her son.  

Then why does she want LPR status?

[Mike E 11,739]

12 minutes ago, Jorgedig said:

The ESTA would have been issued in Greece before travel.

By CBP, electronically.  It is an error.