Any problems with mother on GC entering US after 15 months

[nakhan1 0]

Hello,

I am a USC and my mother, who has a Green Card, visits us from Pakistan once a year every year to keep her Green Card active. Due to family reasons, she can not stay here for more then 3-4 months. Anyway, she hasn't had any problem entering US as long as that occurs within the year. However, this time, she has been out of the country for over 15 months.

Will there be any problem if she tries to enter US after 15 months?

Any help you can provide in answering this question would be greatly appreciated.

N K

Edited March 13, 2010 by nakhan1

[aleful 1,905]

yes she will have problems, she can loose her GC because theoretically, after a year of not living in the US it is considered abandonment of LPR status. Residency it that, residing within the US.

She should have filed for the reentry permit, the i131 before she left which would have allowed her to live maximum 2 years abroad without loosing legal status.

[Brother Hesekiel 2,235]

Hello,

I am a USC and my mother, who has a Green Card, visits us from Pakistan once a year every year to keep her Green Card active.

N K

Your mother is guilty of immigration fraud, as "visiting" once a year to fool USCIS to assume she still is a resident of the United States is fraudulent. Another first for me: I hope she gets caught this time, her card taken away, and send back to Pakistan.

[IT_1 0]

Your mother is guilty of immigration fraud, as "visiting" once a year to fool USCIS to assume she still is a resident of the United States is fraudulent. Another first for me: I hope she gets caught this time, her card taken away, and send back to Pakistan.

Hey he asked a question, and you telling him his mother is guilty/fraud etc....be nice when you replying to others..... Even you dont know other people problem...I am not sure how can remove your coment from this reply.

Hey Nakhan1, there are many others will/can reply and also search online maybe you can find something better...

Edited March 13, 2010 by IT_1

[nakhan1 0]

Your mother is guilty of immigration fraud, as "visiting" once a year to fool USCIS to assume she still is a resident of the United States is fraudulent. Another first for me: I hope she gets caught this time, her card taken away, and send back to Pakistan.

Amazing how you just passed the judgement. Obviously you are a person with no compassion. Do you really think this is something being done intentionally? Please, do not waste my time by replying.

[nakhan1 0]

Hey he asked a question, and you telling him his mother is guilty/fraud etc....be nice when you replying to others..... Even you dont know other people problem...I am not sure how can remove your coment from this reply.

Hey Nakhan1, there are many others will/can reply and also search online maybe you can find something better...

Dear IT_1,

I appreciate your encouraging words. Passing a judgement is easy. Understanding where a person may be coming from takes efforts.

NK

[trailmix 77]

Hi nakhan,

This web page might help you, it gives the guidelines to maintaining U.S. permanent residence:

USCIS - Maintaining Permanent Residence

[VanessaTony 3,567]

Your mother is guilty of immigration fraud, as "visiting" once a year to fool USCIS to assume she still is a resident of the United States is fraudulent.

Unfortunately Bob is right (though I deleted the slightly mean part).

She will most likely be pulled aside and interrogated. Staying outside for more than 12 months means abandonment of GC status. They might forgive it if there's an explanation (like illness/death etc) but it's highly unlikely.

Also, at the time of her arrival they will check her history and see that she leaves more often than she is there. That, unfortunately IS thought of as immigration fraud as Bob said, it appears she's been trying to "fool" the US government by popping by every now and then. She SHOULD have given up her greencard and then when she was able to return to the US, reapplied (though I don't know HOW she obtained her greencard so that's not always possible) OR, as someone else said, she should have applied for a re-entry permit.

She will most likely have her GC revoked and be returned to Pakistan. They don't have an issue with that as that's where she's "living" in their eyes anyway.

**Edit - the part in the link above that gives the most hope is this: "If you commit such an act, you may be brought before an immigration court to determine your right to remain a permanent resident." in which case she will be given a chance to explain herself. This is what you want. This is her only hope in my opinion.

Edited March 13, 2010 by Vanessa&Tony

[IT_1 0]

Might be there is a vaild reason to show at the time of entry and they give her entry. IF I was you, I will go/call Embassy and ask what can be done. Goodluck

[kokobearus 4]

Might be there is a vaild reason to show at the time of entry and they give her entry. IF I was you, I will go/call Embassy and ask what can be done. Goodluck

I know somebody from the Philippines who is a GC holder and she just pay something to the US embassy and she can stay longer than 1 year.

[VanessaTony 3,567]

I know somebody from the Philippines who is a GC holder and she just pay something to the US embassy and she can stay longer than 1 year.

Yes but that is done PRIOR to leaving.

[kokobearus 4]

Yes but that is done PRIOR to leaving.

no.she do it when she knows that she will stay more than one year in Philippines

[VanessaTony 3,567]

no.she do it when she knows that she will stay more than one year in Philippines

Hmm that's interesting as it says quite clearly here: http://www.uscis.gov/files/form/i-131instr.pdf on page 2 at the very top that you must be physically present in the US when applying for a re-entry permit. It also says you can leave before it's approved so long as you have done biometrics and have it delivered to a consulate abroad.

[LIFE'SJOURNEY 970]

I know somebody from the Philippines who is a GC holder and she just pay something to the US embassy and she can stay longer than 1 year.

Do you know this for a FACT or have you just been told this?

[kokobearus 4]

Do you know this for a FACT or have you just been told this?

I kow it for a FACT. It's my friends mother and until now she is still in the Philippines. I don't know how much they paid but it's not more than P10k. I'll ask her the details next time I talk to her