expired green card dilemna

[aubry 0]

Here's my situation. After my mom had gotten her 10 years green card in 2001. She filed a petition for me in 2005. Cuz i was over 21 at that time. Anyway, i was supposed to file my application in 2009. Somehow, i missed the mails from NVC. So i ended up paying $500 to re-resume my case last year. It's been good during filing my application & preparing for the documents.

Until my mom submitted affidavit of support for me last month. I think it's just one step closer for me to be given an interview. But now the NVC requires my mom to provide proof of U.S. domicile. Is it a must ? Or would it be because of my mom wrote down the H.K. address as "country of domicile" on form AOS ? Cuz she went back to HK since 2008. Since she needs to have the regular check-ups in order to get the medicines she needs. (Every 6 mths). And never come back to the US. The thing is that she doesn't have any proof for U.S. domicile. Nothing i can think of is useful. No bank account, no property, no driver license. (she's in her 60s, never work in the U.S.) Only an i.d. card which expired in 2009. Plus, the worst part is her GC has already expired last July.

So, now my questions are :

1) Does she need to reapply an immigrant visa & renetry permit to reestablish her status or renew her GC only ?

2) Does she has to do it in U.S. consulate in HK ? (I contacted them 3 days ago. But i was told that these matters will be taken by CBP. So they just gave me a website of CBP. After reading the instructions. It says that i have to contact USCIS. So i did call them. And basically, USCIS just told me the same instructions i could find on their website. Which means my mom have to do it all over again as to reapply an immigrant visa & renetry permit.

3) What if i could find any proof of U.S. domicile of her ? Can/should i send it to NVC even her GC is expired already ?

I honestly have no faith in her of obtaining a new visa & being able to reestablish her status. Based on what documents she should prepare for a new visa and the difficulty from U.S. consulate. The evidences she has are so weak, i think. Also, i know it takes a long time for her to get the new visa & renentry permit. By the time, she get approved. All the documents i had submitted will be expired (they only keep it for one year, right ?).

So, i just wanna know what opinions you guys have in mind. There's no move i can make. I'm kinda given up already.

Thank you so much for reading my story !

Aubry

[Boiler 45,649]

Well if she is in Hong Kong then I do not understand why you are proceeding.

Has she been filing taxes? That would be the obvious one?

Does she want to move back to the US, you never said.

[aleful 1,905]

Here's my situation. After my mom had gotten her 10 years green card in 2001. She filed a petition for me in 2005. Cuz i was over 21 at that time. Anyway, i was supposed to file my application in 2009. Somehow, i missed the mails from NVC. So i ended up paying $500 to re-resume my case last year. It's been good during filing my application & preparing for the documents.

Until my mom submitted affidavit of support for me last month. I think it's just one step closer for me to be given an interview. But now the NVC requires my mom to provide proof of U.S. domicile. Is it a must ? Or would it be because of my mom wrote down the H.K. address as "country of domicile" on form AOS ? Cuz she went back to HK since 2008. Since she needs to have the regular check-ups in order to get the medicines she needs. (Every 6 mths). And never come back to the US. The thing is that she doesn't have any proof for U.S. domicile. Nothing i can think of is useful. No bank account, no property, no driver license. (she's in her 60s, never work in the U.S.) Only an i.d. card which expired in 2009. Plus, the worst part is her GC has already expired last July.

So, now my questions are :

1) Does she need to reapply an immigrant visa & renetry permit to reestablish her status or renew her GC only ?

2) Does she has to do it in U.S. consulate in HK ? (I contacted them 3 days ago. But i was told that these matters will be taken by CBP. So they just gave me a website of CBP. After reading the instructions. It says that i have to contact USCIS. So i did call them. And basically, USCIS just told me the same instructions i could find on their website. Which means my mom have to do it all over again as to reapply an immigrant visa & renetry permit.

3) What if i could find any proof of U.S. domicile of her ? Can/should i send it to NVC even her GC is expired already ?

I honestly have no faith in her of obtaining a new visa & being able to reestablish her status. Based on what documents she should prepare for a new visa and the difficulty from U.S. consulate. The evidences she has are so weak, i think. Also, i know it takes a long time for her to get the new visa & renentry permit. By the time, she get approved. All the documents i had submitted will be expired (they only keep it for one year, right ?).

So, i just wanna know what opinions you guys have in mind. There's no move i can make. I'm kinda given up already.

Thank you so much for reading my story !

Aubry

of course she has to live here. that's why she was a resident, legal permant residenta must reside in the US or if they live abroad for more than 1 year, they loose the GC.

your mother has a big problem, she's not a resident anymore. she should have been living in the US and renew her GC in the US before it expired last year, unless she requested a reentry permit for 2 years, came back and renewed it for another 2 years, but she shold have come back to renew her GC the max she can stay out of the country is 4 years,

that's why they are asking proof, because if she lost her status as a LPR, then she cannot file for you.

only USC can live abroad without problems.

unless she has a very good motive and try to recover the GC, by explaining why she had to stay so long, and will move to the US, there is nothing you can do.

Edited February 10, 2012 by aleful

[Harpa Timsah 13,258]

Your mother doesn't appear to be a Permanent Resident any longer. She's been out of the states for 4 years straight. She can't petition you any more.

[aubry 0]

First of all, thanks for the quick response.

The petition was filed in around 2003. Then, i've been waiting the notice from NVC. Finally, I got their notification of asking me if i still wanted to proceeding my case.I should've gotten their letters or emails in 2009. Like i said, for some reason i didn't receive any.

Sadly, she has never worked in the US. Yes, she wants to move back to the US.

Yep, i know there is only a slight chance for her to recover as a LPR,

Here's another question. So, why would NVC still ask me if i wanted to proceed my case ? I think they should have known my mom has already lost her status.

[Boiler 45,649]

Here's another question. So, why would NVC still ask me if i wanted to proceed my case ? I think they should have known my mom has already lost her status.

I would have thought they would not.

So first step is your Mother's situation.

[RICARDO4EVA2 194]

Your mother doesn't appear to be a Permanent Resident any longer. She's been out of the states for 4 years straight. She can't petition you any more.

[RICARDO4EVA2 194]

First of all, thanks for the quick response.

The petition was filed in around 2003. Then, i've been waiting the notice from NVC. Finally, I got their notification of asking me if i still wanted to proceeding my case.I should've gotten their letters or emails in 2009. Like i said, for some reason i didn't receive any.

Sadly, she has never worked in the US. Yes, she wants to move back to the US.

red flag she may not be om good standing..

Yep, i know there is only a slight chance for her to recover as a LPR,

the only reason she could get it restored is if she had some extreme issue.

Here's another question. So, why would NVC still ask me if i wanted to proceed my case ? I think they should have known my mom has already lost her status

.

how would they know she is out if status???perhaps since she filed the petition in 2003 they (ins/uscis) had no contact from her or even when after the case got to the NVC. The case was closed due to no contact with the petitioner, case restored by beneficiary who is trying to get into the USA. She has never worked, and probably never filed any US tax return to satisfy the AOS. The NVC would ask the petitioner/applicant if they want to continue if they had no contact after 1 year.

The case for you and her is dead unless she can go after a Returning Resident Visa. She must be able to prove when she left the USA 4 years ago she had the intention to return. She had to maintain ties to the USA. Also, the reason why she remained in HK must be out of her control.

[aubry 0]

Yep, that's what i thought. No wonder it took so long for me to be contacted by NVC. I always thought that once you filed for the immigration visa/petition or whatever they are. You'll have to wait for being contacted by NVC. I remember there was a letter from NVC a while back. It said that they'll send me some packages. And told me to wait. Anyway, it doesn't really matter now. There's nothing i can "save" my self. Hope someone out there will not make the same mistakes as i did. All the best !

Thanks again for all your kindness !

[JimVaPhuong 4,863]

Here's another question. So, why would NVC still ask me if i wanted to proceed my case ? I think they should have known my mom has already lost her status.

They won't know she's abandoned her status until she attempts to enter the US. That's when CBP will discover she's been outside the US for more than a year without a reentry permit, and they'll deny her entry.

There might be a small chance your mother could reestablish her residency if she can get a returning resident visa. She'd need to convince the consulate that she intended to return to the US within a year at the time she left, and that the reason for her absence was of an emergent nature, was unforeseen, and was beyond her control. If the only reason she's got is that she needed to renew her meds every six months then she won't be approved for a returning resident visa. That's not an emergency, and it's not unforeseen.

[Brother Hesekiel 2,236]

In addition to all that was already said, keep in mind the idea why there is such a thing as a family-based petition and immigrant visa in the first place: to reunite a family. Your mom petitioned for you so that you, her daughter, can live with her in the United States. If your mom lives for 4 years in Hong Kong now, your family has already been reunited.

[aubry 0]

First of all, thanks for the reply from JimVaPhuong & Brother Hesekiel.

I haven't done anything ever since the last reply. Though, the chances of my mom to reestablish her GC status would be extremely small. She's still gonna give it a shot. Also, just found out that her GC was expired on Dec 2011 instead of July 2011. But it doesn't make any different, i guess.

Anyway, what i'm going to say is that i just got an email from NVC attorney. And its subject is (P4 FOR NEOPOST DS-1200).

What's it about ? I haven't opened it yet. Does anyone can tell me ? Thanks a lot !

[JimVaPhuong 4,863]

First of all, thanks for the reply from JimVaPhuong & Brother Hesekiel.

I haven't done anything ever since the last reply. Though, the chances of my mom to reestablish her GC status would be extremely small. She's still gonna give it a shot. Also, just found out that her GC was expired on Dec 2011 instead of July 2011. But it doesn't make any different, i guess.

Anyway, what i'm going to say is that i just got an email from NVC attorney. And its subject is (P4 FOR NEOPOST DS-1200).

What's it about ? I haven't opened it yet. Does anyone can tell me ? Thanks a lot !

It doesn't matter when her green card expired. She didn't lose her permanent resident status when the green card expired. She lost it when she stayed outside the US for more than a year without a reentry permit.

A DS-1200 is a high-speed envelope stuffing machine by Neopost Corporation. I have no idea why the NVC attorney sent you an email referencing that machine. Why don't you open the email and see?

[aubry 0]

Just opened it. I was told that NVC has completed the processing of my petition & was given an interview in April in HK. But the thing is that i'm currently in the US as a F1 status.

Can i do the interview in the US ?

Another thing is that last time I was asked to send them the proof of my mom's domicile in the US which i haven't sent to them. And now they told me my petition has completed and gave me an interview date. It's really confusing. Aren't they need that proof before having me the interview ?

It doesn't matter when her green card expired. She didn't lose her permanent resident status when the green card expired. She lost it when she stayed outside the US for more than a year without a reentry permit.

A DS-1200 is a high-speed envelope stuffing machine by Neopost Corporation. I have no idea why the NVC attorney sent you an email referencing that machine. Why don't you open the email and see?

[RICARDO4EVA2 194]

Just opened it. I was told that NVC has completed the processing of my petition & was given an interview in April in HK. But the thing is that i'm currently in the US as a F1 status.

Can i do the interview in the US ?

Another thing is that last time I was asked to send them the proof of my mom's domicile in the US which i haven't sent to them. And now they told me my petition has completed and gave me an interview date. It's really confusing. Aren't they need that proof before having me the interview ?

................ When the NVC request information from the applicant/petitioner and it's a small part of the process for example - Missing information on Part 4 on the DS-230. They would still complete the case and notify the applicant on the interview letter that he/she should bring the missing/requested documents to the interview.

Are you here legally in the USA..? You mentioned you are currently in F1 status - are you enrolled in school and have maintained your legal status..? If yes - then you maybe eligible to have your interview in the USA for An Adjustment of Status. Since the case was completed/forwarded to the Hong Kong Consulate you'd need to request the case be forwarded to USCIS for AOS reasons. You'd be requested to file the Form I-485. If you have not maintained your status then your interview was set in the right place.