Advice for Previous LPR [merged threads]

[bctopa81223 0]

5 hours ago, manyfudge said:

What @Mike E says.  With his criminal record, I would just try to enter with his GC at land border.  File as many tax returns as possible. Unlikely he owes anything.

 

Get an attorney before renewing GC/filing N400.

 

Did either or both of his parents naturalize?  And how old was he at the time? This is important as he may be a U.S. citizen.

Thank you for your response. I’m assuming he won’t be able to work until his GC is renewed. It does in fact have an expiration date of 2000 and he never renewed it. His parents did not naturalize. He moved here when he was 8 and went back to Canada at age 30. 

[bctopa81223 0]

5 hours ago, nastra30 said:

Op, does he still have his old green card and what's the expiration date on it (if any)?

He does- the expiration date was 11/21/00.

[Boiler 45,493]

The recept should do

[nastra30 2,285]

49 minutes ago, bctopa81223 said:

He does- the expiration date was 11/21/00.

Then as suggested by Boiler previously, he should file I-90 and enter with the receipt (along with expired GC).

At the border he should refuse to sign any I-407 even if they insist. Good luck.

[bctopa81223 0]

12 minutes ago, nastra30 said:

Then as suggested by Boiler previously, he should file I-90 and enter with the receipt (along with expired GC).

At the border he should refuse to sign any I-407 even if they insist. Good luck.

Apologies for the dumb question, but would he be able to get a job prior to renewing his GC? If all he has is the I-90 receipt and his old expired GC? Or would this just allow him to renter the country until the new card is issued?

[OldUser 6,659]

3 minutes ago, bctopa81223 said:

Apologies for the dumb question, but would he be able to get a job prior to renewing his GC? If all he has is the I-90 receipt and his old expired GC? Or would this just allow him to renter the country until the new card is issued?

Does he have an unrestricted social security card and valid state ID / DL? He could use those for I-9 verification. I'm afraid he cannot use expired GC from year 2000 and I-90 to verify his status to potential employer.

Edited August 30, 2023 by OldUser

[Chancy 6,241]

Just now, bctopa81223 said:

would he be able to get a job prior to renewing his GC?

 

Does he have an unrestricted SSN card?  Any chance he has a US state ID or driver's license?

 

[Dashinka 24,494]

3 minutes ago, bctopa81223 said:

Apologies for the dumb question, but would he be able to get a job prior to renewing his GC? If all he has is the I-90 receipt and his old expired GC? Or would this just allow him to renter the country until the new card is issued?

He would most likely need to request an I551 stamp.

 

https://citizenpath.com/faq/work-expired-green-card/

[OldUser 6,659]

Just now, Dashinka said:

He would most likely need to request an I551 stamp.

 

https://citizenpath.com/faq/work-expired-green-card/

That's a good idea actually. And with this stamp get unrestricted SS card / DL for I-9. 

[bctopa81223 0]

40 minutes ago, OldUser said:

Does he have an unrestricted social security card and valid state ID / DL? He could use those for I-9 verification. I'm afraid he cannot use expired GC from year 2000 and I-90 to verify his status to potential employer.

Unrestricted Social Security card, yes he does. No current US ID/DL though. I’m also reading about the tax situation where he hasn’t filed for years but could face penalties since LPRs can be taxed on out of country income. I’m wondering if it’s just safer overall to officially abandon LPR status and then restart from scratch. We were hoping to avoid that if possible but maybe it just comes with the fewest risks.

[Mike E 11,739]

 

[mam521 2,062]

On 8/30/2023 at 4:48 PM, bctopa81223 said:

Unrestricted Social Security card, yes he does. No current US ID/DL though. I’m also reading about the tax situation where he hasn’t filed for years but could face penalties since LPRs can be taxed on out of country income. I’m wondering if it’s just safer overall to officially abandon LPR status and then restart from scratch. We were hoping to avoid that if possible but maybe it just comes with the fewest risks.

Abandoning and reapplying gets you nothing but a minimum of a 2 year wait, a whole lot of added costs, and a potential denial because the T&C of the original LPR status weren't adhered to, so why risk it again?