IR-1 petition after green card abondonment

[SamWasi 15]

Hi fellow VJ members,

 

I have a question regarding IR-1 petition after green card abandonment; concerning my grandparents, not me.

 

In 2009, both my grandfather and grandmother got their green cards via their son's (my uncle) petition and moved to U.S. However, in 2010, my grandmother went back to her homecountry (due to several personal reasons) and did not go back to U.S since. This is a clear abandonment of her green card/permanent resident.

 

Now my grandmother want to move back to U.S. and live with my grandfather, who is a U.S. citizen now. We are thinking of taking the IR-1 route since my grandfather is an U.S. citizen. However, since my grandmother abandoned her green card (without any official notification), we are worried that it might cause problems or even denial. We want to be fully prepared before we start the petition.

 

Is there a chance that her green card will be denied since she abandoned her previous green card? if you have any experience or tips regarding this, please feel free to share.

 

Please note that my grandfather visited my grandmother every year.

 

Thank you very much.

[Mollie09 1,543]

First, officially surrender her old green card (form I-407), then apply for a new one.

She should be prepared to explain the circumstances of the abandonment (dates, lack of payment of taxes since LPRs are required to file taxes, etc.) but shouldn't be an issue otherwise.

[Penguin_ie 6,000]

The IR- via her spouse is definitely the way to go.

There should be no major issues, though she may get a few extra questions at the interview to make sure she definitely wants to immigrate this time.

[SamWasi 15]

3 hours ago, Mollie09 said:

First, officially surrender her old green card (form I-407), then apply for a new one.

She should be prepared to explain the circumstances of the abandonment (dates, lack of payment of taxes since LPRs are required to file taxes, etc.) but shouldn't be an issue otherwise.

Thank you for your input. She never worked in U.S. due to her age 65+. was she still required to file taxes?

[Mollie09 1,543]

4 minutes ago, SamWasi said:

Thank you for your input. She never worked in U.S. due to her age 65+. was she still required to file taxes?

If she had any income, yes. All LPRs are required to file taxes on worldwide income, same as US citizens, until they give up permanent residence.

If she didn't meet the minimum threshold, she should be fine but she might be required to file back taxes.