GreenCard expired
May 3rd 2004, 3:18 am
#1
Guest
Posts: n/a
GreenCard expired
I am a US citizen and had applied for my mohter's GC a few years ago.
She got her greencard but ..... She left for India to take care of a
few personal matters in January 2002. We filed for a extension of her
stay in India and she was granted a further 6-month extension (in the
form of another passport type document). However because of health
reasons she was unable to travel and the extension document has since
expired. She has been out of the country since January 2002 but would
like to come to the USA for a short period of time (6 months max) to
visit. She has decided not to stay in the US on a permanent basis but
to live in India after the visit. Now for her temporary visit to the
US, what is the procedure? Should she apply for a tourist visa? Will
she be required to surrender her Green Card in India or on entering
the US? Any help would be appreciated.
She got her greencard but ..... She left for India to take care of a
few personal matters in January 2002. We filed for a extension of her
stay in India and she was granted a further 6-month extension (in the
form of another passport type document). However because of health
reasons she was unable to travel and the extension document has since
expired. She has been out of the country since January 2002 but would
like to come to the USA for a short period of time (6 months max) to
visit. She has decided not to stay in the US on a permanent basis but
to live in India after the visit. Now for her temporary visit to the
US, what is the procedure? Should she apply for a tourist visa? Will
she be required to surrender her Green Card in India or on entering
the US? Any help would be appreciated.
May 3rd 2004, 3:51 am
#2
American Expat
Joined: Jan 2004
Posts: 7,598
Re: GreenCard expired
Originally posted by A
I am a US citizen and had applied for my mohter's GC a few years ago.
She got her greencard but ..... She left for India to take care of a
few personal matters in January 2002. We filed for a extension of her
stay in India and she was granted a further 6-month extension (in the
form of another passport type document). However because of health
reasons she was unable to travel and the extension document has since
expired. She has been out of the country since January 2002 but would
like to come to the USA for a short period of time (6 months max) to
visit. She has decided not to stay in the US on a permanent basis but
to live in India after the visit. Now for her temporary visit to the
US, what is the procedure? Should she apply for a tourist visa? Will
she be required to surrender her Green Card in India or on entering
the US? Any help would be appreciated.
I am a US citizen and had applied for my mohter's GC a few years ago.
She got her greencard but ..... She left for India to take care of a
few personal matters in January 2002. We filed for a extension of her
stay in India and she was granted a further 6-month extension (in the
form of another passport type document). However because of health
reasons she was unable to travel and the extension document has since
expired. She has been out of the country since January 2002 but would
like to come to the USA for a short period of time (6 months max) to
visit. She has decided not to stay in the US on a permanent basis but
to live in India after the visit. Now for her temporary visit to the
US, what is the procedure? Should she apply for a tourist visa? Will
she be required to surrender her Green Card in India or on entering
the US? Any help would be appreciated.
Since she has been outside the US for over 2 years, even a valid reentry permit (the passport like thing you described) wouldn't allow her to enter the US without a court date with an immigration judge.
If she wants to come back to live then she would need an SB1 visa packet.
You can always apply for another green card in the future if she changes her mind.
May 3rd 2004, 7:12 pm
#3
Guest
Posts: n/a
Re: GreenCard expired
An Immigration lawyer would be the best to answer your questions.
Initial consulatations are "usually" free for lawyers.
Good Luck.
[email protected] (A) wrote in message news:<[email protected]. com>...
> I am a US citizen and had applied for my mohter's GC a few years ago.
> She got her greencard but ..... She left for India to take care of a
> few personal matters in January 2002. We filed for a extension of her
> stay in India and she was granted a further 6-month extension (in the
> form of another passport type document). However because of health
> reasons she was unable to travel and the extension document has since
> expired. She has been out of the country since January 2002 but would
> like to come to the USA for a short period of time (6 months max) to
> visit. She has decided not to stay in the US on a permanent basis but
> to live in India after the visit. Now for her temporary visit to the
> US, what is the procedure? Should she apply for a tourist visa? Will
> she be required to surrender her Green Card in India or on entering
> the US? Any help would be appreciated.
Initial consulatations are "usually" free for lawyers.
Good Luck.
[email protected] (A) wrote in message news:<[email protected]. com>...
> I am a US citizen and had applied for my mohter's GC a few years ago.
> She got her greencard but ..... She left for India to take care of a
> few personal matters in January 2002. We filed for a extension of her
> stay in India and she was granted a further 6-month extension (in the
> form of another passport type document). However because of health
> reasons she was unable to travel and the extension document has since
> expired. She has been out of the country since January 2002 but would
> like to come to the USA for a short period of time (6 months max) to
> visit. She has decided not to stay in the US on a permanent basis but
> to live in India after the visit. Now for her temporary visit to the
> US, what is the procedure? Should she apply for a tourist visa? Will
> she be required to surrender her Green Card in India or on entering
> the US? Any help would be appreciated.
May 5th 2004, 5:54 am
#4
Guest
Posts: n/a
Re: GreenCard expired
That doesn't necessarily apply for immigration lawyers, due to the nature
of the practice. Basically, many immigration lawyers want to protect
themselves from people coming in for an initial consultation only to pick
their brains and then file the paperwork themselves.
Most other lawyers are in a better position here, because you usually
*cannot* file, say, a lawsuit, without a lawyer (or at least, it would be
very difficult).
On Mon, 03 May 2004 12:12:45 -0700, picasso wrote:
> An Immigration lawyer would be the best to answer your questions.
> Initial consulatations are "usually" free for lawyers.
>
> Good Luck.
>
> [email protected] (A) wrote in message
> news:<[email protected]. com>...
>> I am a US citizen and had applied for my mohter's GC a few years ago.
>> She got her greencard but ..... She left for India to take care of a
>> few personal matters in January 2002. We filed for a extension of her
>> stay in India and she was granted a further 6-month extension (in the
>> form of another passport type document). However because of health
>> reasons she was unable to travel and the extension document has since
>> expired. She has been out of the country since January 2002 but would
>> like to come to the USA for a short period of time (6 months max) to
>> visit. She has decided not to stay in the US on a permanent basis but
>> to live in India after the visit. Now for her temporary visit to the
>> US, what is the procedure? Should she apply for a tourist visa? Will
>> she be required to surrender her Green Card in India or on entering the
>> US? Any help would be appreciated.
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml
Please visit my new FAQ at http://www.kkeane.com (always under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.
of the practice. Basically, many immigration lawyers want to protect
themselves from people coming in for an initial consultation only to pick
their brains and then file the paperwork themselves.
Most other lawyers are in a better position here, because you usually
*cannot* file, say, a lawsuit, without a lawyer (or at least, it would be
very difficult).
On Mon, 03 May 2004 12:12:45 -0700, picasso wrote:
> An Immigration lawyer would be the best to answer your questions.
> Initial consulatations are "usually" free for lawyers.
>
> Good Luck.
>
> [email protected] (A) wrote in message
> news:<[email protected]. com>...
>> I am a US citizen and had applied for my mohter's GC a few years ago.
>> She got her greencard but ..... She left for India to take care of a
>> few personal matters in January 2002. We filed for a extension of her
>> stay in India and she was granted a further 6-month extension (in the
>> form of another passport type document). However because of health
>> reasons she was unable to travel and the extension document has since
>> expired. She has been out of the country since January 2002 but would
>> like to come to the USA for a short period of time (6 months max) to
>> visit. She has decided not to stay in the US on a permanent basis but
>> to live in India after the visit. Now for her temporary visit to the
>> US, what is the procedure? Should she apply for a tourist visa? Will
>> she be required to surrender her Green Card in India or on entering the
>> US? Any help would be appreciated.
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml
Please visit my new FAQ at http://www.kkeane.com (always under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.
May 5th 2004, 6:00 am
#5
Guest
Posts: n/a
Re: GreenCard expired
On Sun, 02 May 2004 20:18:24 -0700, A wrote:
> I am a US citizen and had applied for my mohter's GC a few years ago.
> She got her greencard but ..... She left for India to take care of a few
> personal matters in January 2002. We filed for a extension of her stay
> in India and she was granted a further 6-month extension (in the form of
> another passport type document). However because of health reasons she
> was unable to travel and the extension document has since expired. She
> has been out of the country since January 2002 but would like to come to
> the USA for a short period of time (6 months max) to visit. She has
> decided not to stay in the US on a permanent basis but to live in India
> after the visit. Now for her temporary visit to the US, what is the
> procedure? Should she apply for a tourist visa? Will she be required to
> surrender her Green Card in India or on entering the US? Any help would
> be appreciated.
In all honesty, it would likely be easier for her to come back to the USA
as a permanent resident than as a tourist. As another poster pointed out,
her GC would likely be considered abandoned, but she has a lot going for
her that would make it fairly straightforward to get a new one. To start
with, the way you present the case, she always (at least until very
recently) planned to return to the USA, and just wasn't able to due to
circumstances beyond her control. In such situations, it is quite possible
that the officer at the port of entry will simply allow her to return
(contrary to popular belief, losing the GC due to a prolonged absence is
*not* automatic).
Even if that was not the case, she could get either an immigrant visa as a
returning permanent resident (essentially on the same basis as the
maintaining her GC as I outlined above), or you could simply re-sponsor
her.
Now given all that, it may be difficult for her to prove non-immigrant
intent, and therefore get a tourist visa.
On the other hand, one thing she can do is to surrender her GC at a US
consulate as another poster suggested (using form I-407). Common sense
would suggest that somebody who voluntarily surrenders a Green Card and
declines to apply for a GC she would qualify for likely has no immigration
intent. But consular officers may not always think logically.
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml
Please visit my new FAQ at http://www.kkeane.com (always under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.
> I am a US citizen and had applied for my mohter's GC a few years ago.
> She got her greencard but ..... She left for India to take care of a few
> personal matters in January 2002. We filed for a extension of her stay
> in India and she was granted a further 6-month extension (in the form of
> another passport type document). However because of health reasons she
> was unable to travel and the extension document has since expired. She
> has been out of the country since January 2002 but would like to come to
> the USA for a short period of time (6 months max) to visit. She has
> decided not to stay in the US on a permanent basis but to live in India
> after the visit. Now for her temporary visit to the US, what is the
> procedure? Should she apply for a tourist visa? Will she be required to
> surrender her Green Card in India or on entering the US? Any help would
> be appreciated.
In all honesty, it would likely be easier for her to come back to the USA
as a permanent resident than as a tourist. As another poster pointed out,
her GC would likely be considered abandoned, but she has a lot going for
her that would make it fairly straightforward to get a new one. To start
with, the way you present the case, she always (at least until very
recently) planned to return to the USA, and just wasn't able to due to
circumstances beyond her control. In such situations, it is quite possible
that the officer at the port of entry will simply allow her to return
(contrary to popular belief, losing the GC due to a prolonged absence is
*not* automatic).
Even if that was not the case, she could get either an immigrant visa as a
returning permanent resident (essentially on the same basis as the
maintaining her GC as I outlined above), or you could simply re-sponsor
her.
Now given all that, it may be difficult for her to prove non-immigrant
intent, and therefore get a tourist visa.
On the other hand, one thing she can do is to surrender her GC at a US
consulate as another poster suggested (using form I-407). Common sense
would suggest that somebody who voluntarily surrenders a Green Card and
declines to apply for a GC she would qualify for likely has no immigration
intent. But consular officers may not always think logically.
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml
Please visit my new FAQ at http://www.kkeane.com (always under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.
May 5th 2004, 2:40 pm
#6
Guest
Posts: n/a
Re: GreenCard expired
> That doesn't necessarily apply for immigration lawyers, due to the nature
> of the practice. Basically, many immigration lawyers want to protect
> themselves from people coming in for an initial consultation only to pick
> their brains and then file the paperwork themselves.
>
> Most other lawyers are in a better position here, because you usually
> *cannot* file, say, a lawsuit, without a lawyer (or at least, it would be
> very difficult).
>
Well, in plain english, if your car has a problem , you either do it
by yourself or bring it to the mechanic.Of course, people work to live
so these professionals needs to be payed for their services.
Depending on the complexity of the situation, you can decide what to
do.
> of the practice. Basically, many immigration lawyers want to protect
> themselves from people coming in for an initial consultation only to pick
> their brains and then file the paperwork themselves.
>
> Most other lawyers are in a better position here, because you usually
> *cannot* file, say, a lawsuit, without a lawyer (or at least, it would be
> very difficult).
>
Well, in plain english, if your car has a problem , you either do it
by yourself or bring it to the mechanic.Of course, people work to live
so these professionals needs to be payed for their services.
Depending on the complexity of the situation, you can decide what to
do.
May 7th 2004, 2:04 am
#7
Guest
Posts: n/a
Re: GreenCard expired
The DS 156 (B-2 application form) asks for the applicant to disclose
if she or he has any immediate relatives living in the U.S.. Also
whether these relatives are Citizens or permanent residents.
Depending on where she is applying from she may be immediately denied
on the 214(b) premise (immigrational intent) just for that reason.
Best of luck.
++++++++++++++++++++++++++++++++++++++++++++++++++ +++++++++++=
Support the SOLVE act of 2004
http://tinyurl.com/ywb4t
REUNITE FAMILIES OF PERMANET RESIDENTS
We urge your support for the SOLVE Act of 2004 (Safe, Orderly Legal
Visas and Enforcement Act of 2004), H.R. 4262, introduced by
Representatives Menendez (D-NJ) and Gutierrez (D-IL]. This
comprehensive immigration reform measure will make immigration safe,
legal and orderly. The SOLVE Act will reunite families, reward work,
respect workers, reduce illegal immigration, and enhance our security
if she or he has any immediate relatives living in the U.S.. Also
whether these relatives are Citizens or permanent residents.
Depending on where she is applying from she may be immediately denied
on the 214(b) premise (immigrational intent) just for that reason.
Best of luck.
++++++++++++++++++++++++++++++++++++++++++++++++++ +++++++++++=
Support the SOLVE act of 2004
http://tinyurl.com/ywb4t
REUNITE FAMILIES OF PERMANET RESIDENTS
We urge your support for the SOLVE Act of 2004 (Safe, Orderly Legal
Visas and Enforcement Act of 2004), H.R. 4262, introduced by
Representatives Menendez (D-NJ) and Gutierrez (D-IL]. This
comprehensive immigration reform measure will make immigration safe,
legal and orderly. The SOLVE Act will reunite families, reward work,
respect workers, reduce illegal immigration, and enhance our security
