Help, if any have any ideas

[Diamda2005 27]

Hello,

 

i hope everything is going well.

 

My sister, sister in law, won the dv lottery in 2016.

 

she came in the US in April 2016, she paid all the fees and even received her social security number, but the green card never came.

 

she had an emergency family ( her dad had some health issues) and needed to go back there after a month.

 

being back in Romania and the fact that her green card never came to the address she declare, call at the embassy and also USCIS but never had a right answer

 

from the embassy put her to call USCIS, there was said that they can not find the case.

 

she has in her passport the stamp and that old visa for the entry.

 

The question is, after so many years ( almost 7 years), do you think is any chance that she can do something in this regard, to get back her green card or at least a tourist visa amd come?

 

she wants to come visit but we don’t know which is the best way to go.

i tried to find info  about similar cases but i wasn’t able.

 

any advice is greatly appreciated!

 

thank you!

 

diana

[throwitaway 190]

8 minutes ago, Diamda2005 said:

 

Hello,

 

i hope everything is going well.

 

My sister, sister in law, won the dv lottery in 2016.

 

she came in the US in April 2016, she paid all the fees and even received her social security number, but the green card never came.

 

she had an emergency family ( her dad had some health issues) and needed to go back there after a month.

 

being back in Romania and the fact that her green card never came to the address she declare, call at the embassy and also USCIS but never had a right answer

 

from the embassy put her to call USCIS, there was said that they can not find the case.

 

she has in her passport the stamp and that old visa for the entry.

 

The question is, after so many years ( almost 7 years), do you think is any chance that she can do something in this regard, to get back her green card or at least a tourist visa amd come?

 

she wants to come visit but we don’t know which is the best way to go.

i tried to find info  about similar cases but i wasn’t able.

 

any advice is greatly appreciated!

 

thank you!

 

diana

Sorry, you mean she went back to Romania and stayed there for the next 7 years? She could have returned just with the visa in her passport, it was good for one year. 

[Boiler 45,525]

If she just wants to visit then she needs a B Visitor Visa, what are her plans?

[Diamda2005 27]

5 minutes ago, throwitaway said:

Sorry, you mean she went back to Romania and stayed there for the next 7 years? She could have returned just with the visa in her passport, it was good for one year. 

Yes, she stayed out from here for 7 years.

 

she was hoping for the green card to be sent to the address she declared, but it was never received or any notification sent in that regard

[Diamda2005 27]

5 minutes ago, Boiler said:

If she just wants to visit then she needs a B Visitor Visa, what are her plans?

Do you think if she goes for B visa she will have any luck to get it?

She has her social and I suppose that in the system they can see she won the dv lottery.

i am thinking not to be denied in this case.

she will like to have her green card , if is still a chance to recover it

[Boiler 45,525]

So she just wants to visit?

[Crazy Cat 41,888]

8 minutes ago, Diamda2005 said:

she was hoping for the green card to be sent to the address she declared, but it was never received or any notification sent in that regard

Why did she stay outside the US so long?  What has she done to maintain her Green Card?  Taxes?  I assume she is working and living outside the US.  That sounds like abandonment to me.

[Diamda2005 27]

2 minutes ago, Crazy Cat said:

Why did she stay outside the US so long?  What has she done to maintain her Green Card?  Taxes?  I assume she is working and living outside the US.  That sounds like abandonment to me.

Health issues in her family and needed to stay and help 

 

she called a few times to uscis and embassy to try and find out why the green card was never sent 

 

and after a while she lost her hope on receiving anything 

13 minutes ago, Boiler said:

So she just wants to visit?

Yes, she wants to come visit.

 

[Boiler 45,525]

She files a I 407 to officially abandon her GC and applies for a B

[Dashinka 24,512]

I agree with @Boiler, if she just wants to come for a visit, the I407 to abandon the GC and B2 application seems to be the best course.  If she was planning on coming back to the US permanently, it would be a different story.

[Diamda2005 27]

1 minute ago, Dashinka said:

I agree with @Boiler, if she just wants to come for a visit, the I407 to abandon the GC and B2 application seems to be the best course.  If she was planning on coming back to the US permanently, it would be a different story.

And in case she decides to begin the process of moving back.

being so long, you think will be any chance to do something and receive her green card.

 

we are trying to convince her to move here with us

[Boiler 45,525]

Then she needs to get her GC reissued

[Dashinka 24,512]

Just now, Diamda2005 said:

And in case she decides to begin the process of moving back.

being so long, you think will be any chance to do something and receive her green card.

 

we are trying to convince her to move here with us

That is a tough one since she has no physical GC.  If she had a valid physical GC, she could probably board a plane and come back and deal with any tough questions by CBP.  I don’t think an SB-1 is an option, but you can research that.  Not sure if she can file an I90 to get a replacement card.  Maybe @Mike E can weigh in.

[Crazy Cat 41,888]

6 minutes ago, Diamda2005 said:

And in case she decides to begin the process of moving back.

being so long, you think will be any chance to do something and receive her green card.

 

we are trying to convince her to move here with us

I don't see it happening.  What has she done over the last 7 years to prove she intended to return to the US?  Has she paid taxes on her income?  I would expect heavy scrutiny if she ever gets back to the US border. She could be referred to an immigration judge.

Edited May 12, 2023 by Crazy Cat

[Diamda2005 27]

Just now, Dashinka said:

That is a tough one since she has no physical GC.  If she had a valid physical GC, she could probably board a plane and come back and deal with any tough questions by CBP.  I don’t think an SB-1 is an option, but you can research that.  Not sure if she can file an I90 to get a replacement card.  Maybe @Mike E can weigh in.

By that time we did not know that her stamp in the passport will be ok to re-enter  after a year.

that is a issue because the card never came in the mail, or any notification received in this regard.

she applied right away for the social which was received in about a week and she still has it

but no physical green card