LPR re-entering the U.S. after 5 years?

[Rob897 1]

Hi,

I have a friend who got their Green card in 2015. She was here in the U.S, for a couple of years, then apparently because of a work-related situation, went back to mainland China. She never came back to the U.S., either within a year or even 2 years (as I see is required).

 

Now she would like to come back. Her green card expires in 2025.

 

The original green card issued had an incorrect BD. She doesn't have it (only a scan). She had tried to correct this by going into a USCIS office in New York. They took the incorrect green card from her.  She says she never received a new card in the mail.

 

So, just coming into the situation, I made an online account for her and as a preparer, applied for a new green card. I immediately got a I-797C/notice of action that says the next step would be a biometrics appointment.

 

I assume that the appointment would be at one of the service centers here. Is that right?

 

How would she come back from China to attend the appointment without an actual green card? Should I fill out an I-131A for her?

 

Also, even if she had a green card with her, since she's been gone longer than 2 years it seems that in itself would be a problem. The only thing I can figure it that if she gets an appointment for biometrics, that that would help her in trying to get here.

 

How to proceed? 

 

Thanks!

[OldUser 6,612]

1 minute ago, Rob897 said:

I made an online account for her and as a preparer, applied for a new green card. I immediately got a I-797C/notice of action that says the next step would be a biometrics appointment.

Which exact form did you file to achieve it?

 

3 minutes ago, Rob897 said:

The original green card issued had an incorrect BD. She doesn't have it (only a scan). She had tried to correct this by going into a USCIS office in New York. They took the incorrect green card from her.  She says she never received a new card in the mail.

Did she have I-90 filed for the green card replacement? Did she have a I-551 stamp in her passport instead of Green Card that was taken away?

 

 

She should have not left the US at all until Green Card situation was resolved.

 

Please help with answers to my questions before any answers can be given.

[Boiler 45,449]

My guess is that there is more to this, there is a process for getting a GC amended and going to an office in NY is not it.

[Mike E 11,739]

15 minutes ago, Rob897 said:

She had tried to correct this by going into a USCIS office in New York. They took the incorrect green card from her.  She says she never received a new card in the mail.

did she get an I-551 stamp on her passport?

 

15 minutes ago, Rob897 said:

 

So, just coming into the situation, I made an online account for her and as a preparer, applied for a new green card.

did you file I-90?

 

15 minutes ago, Rob897 said:

 

I immediately got a I-797C/notice of action that says the next step would be a biometrics appointment.

 

I assume that the appointment would be at one of the service centers here. Is that right?

What address did you list for her?

[Rob897 1]

I filed the I-90 for this latest notice of action. I put her present address in China.

 

I'll confirm what she filed at the time. I assume it was also an I-90 because when she went to the office/service center in New York she says it was for a biometrics appointment.

 

I'll find out if she got that stamp in her passport.

 

Thanks for your quick response!

[Boiler 45,449]

Did the new GC get issued, was it sent to her address?

[Rob897 1]

5 minutes ago, Boiler said:

Did the new GC get issued, was it sent to her address?

She says she never got the replacement. I don't know if it was an address mix-up or returned mail. I can only guess.

[Mike E 11,739]

35 minutes ago, Rob897 said:

I filed the I-90 for this latest notice of action. I put her present address in China.

 

I’m doubtful this I-90 will be processed. More  doubtful she will be given a biometrics appointment for a USCIS office in China. 
 

See 

to understand how the I-90 could have been filed.  

 

1. Was she issued a 2 year or 10 year green card?

 

2. Has she been filing income tax returns with the IRS? 

 

Quote

I'll find out if she got that stamp in her passport.

 

If she did, then that or her original stamped immigration visa (assuming that is how she got her gc) or her notice if approved I-485 will be enough to let enter enter a port of entry at the USA, assuming she can find a way to get to one.  Also print the scan of the green card. 
 

1. visa for Mexico, fly to Mexico, enter by land. 
 

2. visa for Canada, fly to Canada, enter by land. 
 

3. Assuming she is a citizen of China, use her CNMI

visa waiver privilege (no ESTA required) and fly to Saipan. https://travel.state.gov/content/travel/en/us-visas/tourism-visit/visa-waiver-program.html
 

In all cases:

 

1. She must present herself as an LPR and provide the documentation I’ve noted.

 

2. She must refuse to file I-407

 

3. She should be prepared to sign I-193 and to pay the fee.  The fee might be waived. 
 

4. She should have a good story for why she waited so long to come back to the USA. The foul up with her original green card combined with the pandemic are plausible.  

 

5. Before she leaves, she should call USCIS, say “info pass”, and request an appointment for an I-551 stamp on her passport at a USCIS office in the USA. 

 

Edited January 30, 2023 by Mike E

[Rob897 1]

7 minutes ago, Mike E said:

 

I’m doubtful this I-90 will be processed. More  doubtful she will be given a biometrics appointment for a USCIS office in China. 
 

See 

to understand how the I-90 could have been filed.  

 

1. Was she issued a 2 year or 10 year green card?

 

2. Has she been filing income tax returns with the IRS? 

 

If she did, then that or her original stamped immigration visa (assuming that is how she got her gc) or her notice if approved I-485 will be enough to let enter enter a port of entry at the USA, assuming she can find a way to get to one.  Also print the scan of the green card. 
 

1. visa for Mexico, fly to Mexico, enter by land. 
 

2. visa for Canada, fly to Canada, enter by land. 
 

3. Assuming she is a citizen of China, use her CNMI

visa waiver privilege (no ESTA required) and fly to Saipan. https://travel.state.gov/content/travel/en/us-visas/tourism-visit/visa-waiver-program.html
 

In all cases:

 

1. She must present herself as an LPR and provide the documentation I’ve noted.

 

2. She must refuse to file I-407

 

3. She should be prepared to sign I-193 and to pay the fee.  The fee might be waived. 
 

4. She should have a good story for why she waited so long to come back to the USA. The foul up with her original green card combined with the pandemic are plausible.  

 

5. Before she leaves, she should call USCIS, say “info pass”, and request an appointment for an I-551 stamp on her passport at a USCIS office in the USA. 

 

It was a ten year Green Card.

 

I'll check to see about the tax returns.

 

I'll find out if she has her original notice of approval and original stamped immigration visa.

 

Thank you very much!