leujoa

My parents had green cards. They returned to their country in June of 2004. They were planning for a short visit so they didn't get the reentry permit before their leaving. Then found my father got a lung cancer in July of 2004. He was 75 with several other medical conditions. He stayed there to get treatment on his medical problems. He was too weak to travel. My mother had to stay to take care of him. She could not leave him because of love. He died in Feb 2007. Now she'd like to return to USA. Some people suggest that it's easier to get B2 visa to renter to USA. Some people said just try to enter with her GC along with the document which shows why she stayed over long time. Anyone got good suggestion? Thanks.

leujoa

ian-mstm

If she uses a B2 visa to enter the US, she is committing fraud... since she is obviously *not* a visitor. Your mom has a GC. If she tries to enter the US, the worse that will happen is that she will be refused entry. However, she will have the *right* to a hearing in front of an immigration judge who will make the final determination of whether or not she has abandoned her status. She loses nothing by trying.

Ian

leujoa

Thanks, Ian. If she tries, will she be held at the entry port or sent back to where she came from? Usually how long will the hearing be taken and at where?
leujoa

Noorah101

She'll probably be held in a detention center nearest to the POE. The hearing could probably take up to several months.

Rene

leujoa

She doesn't speak English, that will be too difficult for her. What's the chance she will be admitted to US with her GC without problems? Or she just go to the local consulate to give up her GC and get B2? Will she have problem to get B2?

Noorah101

She can try going to the US embassy in her country and ask for a "returning resident visa". That might be a better option than making the long trip only to be denied entry. I think she'll have a problem getting a B2, yes...besides which, a B2 doesn't allow her to remain in the USA. Is your intent to just have her come visit, or remain permanently in the USA?

Rene

leujoa

She does not have to remain in the USA permanently. Since she just lost her husband, I'd like to take her here for helping soothing her grief. Do you think her reason to stay out of USA is strong enough to help her get returning resident visa?

Noorah101

Sorry, I don't really know. I only know that's one option to try. My sympathies go out to you and your mom for your loss.

Best Wishes,
Rene

leujoa

thanks.

Elvira

It is not just the reason for staying out of the US that matters, but proof of your parents' INTENTION when they left, i.e. did they at that time PLAN to return within a year? Did they maintain a residence and bank accounts while they were gone, and did your Mum continue to file taxes?

I think you would be well advised to consult an qualified immigration attorney who is experienced in ABANDONMENT issues.

leujoa

yes, she planned to return within a year but couldn't. She left US in June of 2004. I tried to file the reentry permit for her in Apr. of 2005 and got denied since she was already out of the USA. My mom never worked here. I filed tax for her as my denpendent. She lived with us and she is going to live with us again if she is able to come.

meesanra

On Mar 18, 11:50 am, Noorah101 <[email protected]>
wrote:
> > Thanks, Ian. If she tries, will she be held at the entry port or sent
> > back to where she came from? Usually how long will the hearing be
> > taken and at where?
> > leujoa
>
> She'll probably be held in a detention center nearest to the POE. The
> hearing could probably take up to several months.
>
> Rene
>
> --
> Posted viahttp://britishexpats.com

I doubt she will be held in a detention center until her hearing.
Please stop scaring people.

If she is found to have abandoned her GC, then she will likely be
given the followoing options

1) Sign a form that formally surrenders the GC. If she is a citizen of
a visa waiver country, she may be let in on that basis. If not, she
could be put on the next flight home and asked to return on a visitor
visa
2) She can challenge the POE officers finding and refuse to sign the
form. She will be allowed in but asked to appear in front of an
immigration judge who will make the final decision

If the POE officers do not have enough evidence to make a decision on
whether the GC was abandoned (but feel she has) then they may send her
for deffered inspection at the local USCIS office.

[email protected]

>From http://groups.google.com/group/misc....30450cc2bd39bd
:

> Folinskyinla wrote:
> > Also, it is possible for a person with a green card to obtain a B-2
> > visa
> > to visit the United States withOUT abandoning LPR status.


> > --



It's rare and seems totally illogical to issue an NIV to an
immigrant.

It's in the FAM.


N12.--Lawful Permanent Resident Issued Nonimmigrant Visitor Visa for
Emergency Temporary Visit to the United States. A lawful
permanent
resident may, in some cases, need to get a visa more quickly than
obtaining a returning resident visa would permit. For example: a
permanent resident alien employed by an American corporation is
temporarily assigned abroad but has necessarily remained more than
1
year and may not use Form I-151 or Form I-551 in order to travel
to
the United States for an urgent conference and then return
abroad.
The alien has never relinquished permanent residence, has
continued
to pay U.S. income taxes, and perhaps even maintains a home in
the
United States. The alien may be issued a nonimmigrant visa for
this
purpose and Form I-151 or Form I-551 need not be surrendered. The
relinquishment of either of these forms shall not be required as
a
condition precedent to the issuance of either an immigrant or
nonimmigrant visa unless INS has requested such action.

Noorah101

Sorry, I didn't mean to scare anyone. So I'm wondering where they will have her stay, until her appointment with the immigration judge? That doesn't happen within a couple of hours. I doubt if they would put her up at a hotel, or let her go stay with her son. Where would they let her stay during the time she's allowed in and the time it takes to see the immigration judge? I'm asking in all sincerity.

Rene

scrubbedexpat099

I guess she could be paroled in, but the posts I have seen, not many, from those that did go this route were detained.

SB-1 would be the best route, why put a 75 year old through the hassle.

B chances would need more info, including her country, assuming she wants to just visit.