Green card and I-131.

[JackDp 1]

In short, I am a U.S. citizen, and my parents obtained Green Cards in 2018 valid for 10 years. They live in Ukraine and visited the U.S. at least once a year for up to 4 weeks (every 9-10 months on average) in 2018 and 2019. Then there was COVID, and now there's a war. In 2022 and 2023, they visited once each with a gap of 9-10 months. The reason they needed to stay in Ukraine is to care for my grandmother (86 years old), and my mother works for the Ministry of Defense of Ukraine.

Yesterday, we all flew to USA. During passport control, we were asked why my parents were last in the U.S. in June 2023 and returned after 9 months. We provided reasons (as mentioned above - caregiving and military service for my mother). After that, we were taken to a separate room, and another officer asked the same questions and said we needed to file Form I-131 and provided printed documents with explanations. He also said that if this continues, they may revoke the Green Cards.

I know from the internet and printed materials that Form I-131 must be filed if the Green Card will be outside the U.S. for more than 1 year - in the case of my parents, they will be forced to stay in Ukraine until the end of the war but can fly to the U.S. for a couple of weeks every 6-9 months. Of course, the risk of losing the Green Card is unacceptable to us, and we want to understand what needs to be done to prevent this - my parents fully intend to obtain U.S. passports in the future, but circumstances are as they are.

In connection with this, I have a couple of questions for you:

• Is it really necessary to file Form I-131 if they will be coming to the U.S. every 9-10 months?
• What happens to their status after 2028 when the Green Card expires?

[appleblossom 2,479]

They are permanent residents of the US and are therefore expected to live there permanently to maintain that status. It sounds like they have never actually lived there in 6 years of holding green cards? They got off lightly IMO, sounds like the border officer was very lenient with them. 
 

What ties can they show to the US? Address, utility bills, bank accounts etc? Have they been filing their tax returns every year? 
 

If your parent don’t intend to live in the US anytime soon, it may be easier for them to relinquish their GC’s and for you to sponsor them again when they are ready to move and to make the US their permanent home. 

Edited March 29 by appleblossom

[OldUser 6,633]

Your parents faced a very nice officer. They could have been asked to voluntarily give up their LPR status by signing I-407 on the spot or if declined, notice to appear in immigration court.

 

The only two options are:

1. File I-131 for both of them, go to biometrics, then leave the US with receipt. Reenter within a year, meanwhile finalizing everything back home. 

2. Give up LPR status for now and sponsor when they're ready to move to the US. The process may take few years given circumstances and backlogs.

[OldUser 6,633]

3 hours ago, JackDp said:

Is it really necessary to file Form I-131 if they will be coming to the U.S. every 9-10 months?

Yes, it is really necessary. CBP told them that and put a note in the system, likely. Next time, without I-131, they may be pressured to give up their green cards and rightfully so.

3 hours ago, JackDp said:

What happens to their status after 2028 when the Green Card expires?

They're likely going to be forced to give up their status by 2028 if they don't establish their lives in the US soon and don't have I-131. They may be placed in removal proceedings if they refuse to sign I-407.

[Scandi 4,166]

Greencards are for living in the US. Your parents haven't lived in the US at all, not even once since becoming greencard holders in 2018, from what I understand. That's ~6 years of being greencard holders and getting away with not living in the US, they have been lucky. They should give up their greencards and then you can file for them again once they have actually decided they are going to live in the US.

While greencard holders can generally stay out of the US for up to 1 year at a time, the border control agent can absolutely report them after being outside for only 6 months if it seems they are not actually living in the US (and clearly they don't and never did, they can see their entry/exits dates in the system and know these ppl don't live in the US and therefore shouldn't have greencards).

Edited March 29 by Scandi