how to bring mother back?

[brzfromfl 1]

 

Hello VJ members,

 

Long story short, I came to the US from Brazil , years ago with my mom so we could live with her American/Brazilian boyfriend.

They got married very quickly and I believe in 1 year, me and my mom had US Green Cards. I was 16 years old.

 

Me, my mom and her husband were very naive with the whole immigration process, and we did not know exactly what had to be done.

 

Some years later my mom and her husband decided to move back to Brazil as they both did not want to live in America anymore

I was in college and I decided to stay in America  Today Im a US Citizen, my mom left the US while she was a US Green Card holder. She never applied for citizenship

 

She left the US in 2017 with a GC that expires in Jan. 2026

 

My mom decided to visit me this year ( 2024- because my wife is pregnant !!! ). We were all still very naive with the whole immigration system and a lawyer in Brazil told my mom her GC is not valid anymore because she was absence for more than 1 year. So she was advised to get a tourist visa to visit the US. in JAN 2024 the b visa was denied ( she believed that was because she worked in the US before getting her GC ). Last week, she got denied again.

 

My baby gonna be born in September and she is dying because he can't be here with me. 

Is there any option for her?

she doesn't have any immigration intent she just want to visit and stay here no longer than 6 months..t

thanks

 

 

 

 

 

 

 

 

[Crazy Cat 41,810]

She does not qualify for a tourist visa because she is still a Green Card holder.  A Green Card is not for visiting the US.  It is for living in the US. Technically, she can just get on a plane and travel to the US.  Then she can surrender her Green Card at some point.  

Question:  What did the consulate officer say about her still having a Green Card?

Edited August 4 by Crazy Cat

[brzfromfl 1]

31 minutes ago, Crazy Cat said:

She does not qualify for a tourist visa because she is still a Green Card holder.  A Green Card is not for visiting the US.  It is for living in the US. Technically, she can just get on a plane and travel to the US.  Then she can surrender her Green Card at some point.  

Question:  What did the consulate officer say about her still having a Green Card?

 

first time, one of the questions were if she worked in the US ilegaly before. she said "yes" because she said that on the online forms.

second time they asked if she still married to US citizen ( yes, she is ) and if her son ( US citizen ) still lives in America.

they did not mention GC, they just said they could not give her a visa...

 

ps: my mom is now 65, and she cant really hear that good, and her english is not good either

 

Edited August 4 by brzfromfl
incomplete information

[OldUser 6,607]

2 hours ago, brzfromfl said:

they did not mention GC, they just said they could not give her a visa...

GC is probably a reason why they can't give her tourist visa. Did they give her denial letter?

[Boiler 45,445]

Did she file the I 407?

[Timona 4,207]

Tell your mom to book a flight, refuse to sign any I-407 form (if CBP gives it to her when she lands in US). 

 

Wasting time with B-2 

[MaxP22 186]

3 minutes ago, Timona said:

Tell your mom to book a flight, refuse to sign any I-407 form (if CBP gives it to her when she lands in US). 

 

Wasting time with B-2 

If she does that, hopefully CBP will do their job properly and detain her until she's in front of an immigration judge who can decide she abandoned her green card, because that's exactly what she did, and send her on the first plane back.

Edited August 4 by MaxP22

[brzfromfl 1]

15 minutes ago, MaxP22 said:

If she does that, hopefully CBP will do their job properly and detain her until she's in front of an immigration judge who can decide she abandoned her green card, because that's exactly what she did, and send her on the first plane back.

 

is that serious? she can be detain?

[Lil bear 4,181]

8 hours ago, brzfromfl said:

 

Hello VJ members,

 

Long story short, I came to the US from Brazil , years ago with my mom so we could live with her American/Brazilian boyfriend.

They got married very quickly and I believe in 1 year, me and my mom had US Green Cards. I was 16 years old.

 

Me, my mom and her husband were very naive with the whole immigration process, and we did not know exactly what had to be done.

 

Some years later my mom and her husband decided to move back to Brazil as they both did not want to live in America anymore

I was in college and I decided to stay in America  Today Im a US Citizen, my mom left the US while she was a US Green Card holder. She never applied for citizenship

 

She left the US in 2017 with a GC that expires in Jan. 2026

 

My mom decided to visit me this year ( 2024- because my wife is pregnant !!! ). We were all still very naive with the whole immigration system and a lawyer in Brazil told my mom her GC is not valid anymore because she was absence for more than 1 year. So she was advised to get a tourist visa to visit the US. in JAN 2024 the b visa was denied ( she believed that was because she worked in the US before getting her GC ). Last week, she got denied again.

 

My baby gonna be born in September and she is dying because he can't be here with me. 

Is there any option for her?

she doesn't have any immigration intent she just want to visit and stay here no longer than 6 months..t

thanks

 

 

 

 

 

 

 

 

The option is to finally stop

being naive and do things right. 
This will take time but it’s better than continuing the way you are going 

 

Relinquish the GC formally using I407

Apply for a visitor visa after that step 1 has been completed 

 

No it wont happen in time for the baby’s birth   But this is the reality of living in different countries to your parents / children. A reality we all live with on here 

[Lil bear 4,181]

21 minutes ago, brzfromfl said:

 

is that serious? she can be detain?

Yes it is one possibility. 
 

CBP doesn’t take “Not knowing” very well. Technically she should be let in but this is a very challenging way to try to renter and not for the uninformed or unprepared as arriving in Secondary inspection is pretty confrontational 

Edited August 4 by Lil bear

[brzfromfl 1]

9 minutes ago, Lil bear said:

Yes it is one possibility. 

 

Ive been reading the whole day about this process and a lot of people are saying that the person should just board the plane and fly to the US. but nobody is talking about the person "being detained". could you elaborate that? I really want too see all the options!

 

edit: i think the chances of she getting a tourist visa in the future is zero.. 

Edited August 4 by brzfromfl
edit

[Lil bear 4,181]

1 hour ago, brzfromfl said:

 

Ive been reading the whole day about this process and a lot of people are saying that the person should just board the plane and fly to the US. but nobody is talking about the person "being detained". could you elaborate that? I really want too see all the options!

 

edit: i think the chances of she getting a tourist visa in the future is zero.. 

she will most probably be asked how long she has been out of the US and why. That can trigger what can be very solid questioning by CBP and can be very intimidating especially to sometimes who is not confident in arguing the  finer points of the law.  If you are considering having her try, it might be worth considering going to her home county and traveling back with her.

[Timona 4,207]

6 hours ago, MaxP22 said:

If she does that, hopefully CBP will do their job properly and detain her until she's in front of an immigration judge who can decide she abandoned her green card, because that's exactly what she did, and send her on the first plane back.

 

Detain her for what? 

 

Then fly to Cnaada and walk through border. This has been done, even by those with years absence. 

 

If they deny her entry, IF, she can just walk back to Canada and fly back to Brazil. 

 

Stop blowing against the wind. 

[Crazy Cat 41,810]

9 hours ago, Timona said:

 

Detain her for what? 

 

Then fly to Cnaada and walk through border. This has been done, even by those with years absence. 

 

If they deny her entry, IF, she can just walk back to Canada and fly back to Brazil. 

 

Stop blowing against the wind. 

The issue, in my mind, is that she does not want to return to the US to live.  She wants to visit.  I think she should surrender her GC at some point.

[Dashinka 24,480]

I second the thought of getting on a plane and coming back.  If there are questions, answer them truthfully, but there is no obligation to give CBP any additional information.

 

Good Luck!