canadian04

Why not use one of the "pre-clearance" POEs? If I had a parent who wanted to go this route and tried to reenter with his/her GC, I would have them fly to Canada or Ireland (or Poland??), then continue from there to the USA. I don't think the US has the right to detain somebody on foreign land, do they? I mean, if she checks in with US Immigration in Toronto, and they deny her entry, then she can still walk out of the Terminal and head home. Better than being locked up for months, that's for sure.

scrubbedexpat099

Not Poland

Being detained is optional if you want to go before an Immigration Judge, do not know what happens in Canada etc, perhaps you are allowed to travel but will be picked up at the US end.

leujoa

Thank you all for the information. Now I have another question. My mom never filed tax by herself independently, I always filed her as a dependent. Will this count as her tie to the USA?

leujoa

scrubbedexpat099

Just wondering how that works when you are out of the country, doing my taxes now and my head hurts.

But did they not have income/investments/pensions of their own? Or are they totally dependant on you for support?

Elvira

I didn't think you could file someone as your dependent if they are out of the country - unless it's a student attending college overseas. But I'm not an accountant, so could be wrong I guess. Just hope the OP checked this out beforehand.

leujoa

They have their retirement income from the foreign country but the figures are way below the taxable limit here (after the money exchange). I have been giving money to them and the amount was more than what they made. That's why I could claim them as dependents. Anyway, back to my question again: file tax as dependent will work out ok or have to file independently to pass POE? Thanks.
leujoa

Elvira

Sweetheart, I really doubt that you will get all the information you need to resolve this complex situation from a forum like this. Have a one-time consultation with a well qualified immigration attorney - someone who is experienced in Permanent Residency ABANDONMENT issues.

Check the AILA websites for names of attorneys - doesn't necessarily have to be in your area as you may be able to get sufficient information over the phone. But the important thing is that he/she has experience with abandonment issues, as this is quite a specialized field.

leujoa

I think you are right. Thanks.

bluesails

I agree, it is more than worth checking with a competent attorney on this issue. I hope you will come back to share what you find out and which direction you go.

Best of luck!

leujoa

I requested a replaced social security card (it was lost) for my mother a week ago. They issued her a new one after verified her permanent resident status with the immigration office. Can any one give the best guess what does this mean? Can she still come in with her GC?

scrubbedexpat099

Nothing, they do not know her current situation.

leujoa

You mean immigration office does not know her current situation? They are not connected with the port of entry?

Noorah101

They probably don't even know she's not in the USA right now. They are not the same people who cover the POE and Border Patrol.

Your mom left the USA but did not notify anyone with immigration of that fact, so how would they know? It is only when she tries to come BACK to the USA that someone will question how long she was gone and whether her PR status has been abandoned.

Rene

Elvira

I wonder how the OP was able to get a replacement SS card for her mother if the mother wasn't here to sign the form?

Noorah101

Good question. Unless the OP sent the form to his mother, she signed it and returned it to him.

I was able to get my husband's new SS card without him being being present at the SS office, but he signed the form at home and I brought it into the office.

Rene