Expired Visa but Valid Green Card

[Ishaque 0]

Hi,

My Mom and I came to US about 8 yrs. ago and after getting her Green Card (permanent resident) she went back to Pakistan and never came back thus her visa expired. Now my question is can I do something to get her here just once without filing I-130. Should i hire a lawyer in this situation.

I have search this forum but was not able to get any answers.

thanks for your help - its appreciated.

[Nanusia & Lukaszek 0]

Since that green card expired, there is nothing you can do in connection with it. You have to start a new process to bring her here.

[Boiler 43,738]

On the basis of what you said she abandoned her GC Status.

If had had not then SB1 visa would be relevant. But after 8 years you would need an exceptional reason to apply for one.

[Ishaque 0]

Hi,

Thanks for your replies -

I just wanted to add that her Green Card is NOT expired its vaild for 10 yr. only her visa expired. Her green card is still vaild.

[kitkat1 5]

Hi,

Thanks for your replies -

I just wanted to add that her Green Card is NOT expired its vaild for 10 yr. only her visa expired. Her green card is still vaild.

What visa? If she has a green card she does not need a visa. But if she has been out of the US for more than a year, at the POE they will consider her to have abandoned her status.

What if I have been outside the U.S. for longer than 12 months?

An LPR or CR who has remained outside the United States for longer than twelve months, or beyond the validity period of a re-entry permit, will require a new immigrant visa to reenter the United States and resume permanent residence.

A provision exists under U.S. visa law for the issuance of special immigrant status as a returning resident to an alien who has remained outside the United States due to circumstances beyond his/her control. While being granted returning resident status eliminates the requirement that an immigrant visa petition be filed on the individual’s behalf with the USCIS, the applicant is required to establish his/her eligibility for an immigrant visa, attend a medical and pay a new set of visa processing fees of $380 and medical fees.

Important: Conditional residents of the United States who fail to file an application to have conditional resident status removed are required to apply for a new immigrant visa. They are not eligible to apply for special immigrant status as a returning resident.

The U.S. citizen or Lawful Permanent Resident relative is required to file a new immigrant visa petition on his/her behalf with the U.S. Citizenship and Immigration Services.

[meauxna 15]

Hi,

Thanks for your replies -

I just wanted to add that her Green Card is NOT expired its vaild for 10 yr. only her visa expired. Her green card is still vaild.

A Green Card can be unexpired AND no longer valid.

[john_and_marlene 162]

Hi,

Thanks for your replies -

I just wanted to add that her Green Card is NOT expired its vaild for 10 yr. only her visa expired. Her green card is still vaild.

A Green Card can be unexpired AND no longer valid.

... and this is a perfect example of that.

[Boiler 43,738]

Hi,

Thanks for your replies -

I just wanted to add that her Green Card is NOT expired its vaild for 10 yr. only her visa expired. Her green card is still vaild.

Probably not.

I do know that very few immigration lawyers are well versed in this area, but why was she gone so long, did she maintain a US Residence, did she file her taxes etc etc.

[simple_male 1]

Why don't you consult an immigration attorney? Good luck and keep us posted.

Hi,

My Mom and I came to US about 8 yrs. ago and after getting her Green Card (permanent resident) she went back to Pakistan and never came back thus her visa expired. Now my question is can I do something to get her here just once without filing I-130. Should i hire a lawyer in this situation.

I have search this forum but was not able to get any answers.

thanks for your help - its appreciated.

[kitkat1 5]

Well the rules and the appropriate next steps are quite clear. It wouldn't hurt to consult with an attorney but they are probably simply going to spit back what's right here:

What if I have been outside the U.S. for longer than 12 months?

An LPR or CR who has remained outside the United States for longer than twelve months, or beyond the validity period of a re-entry permit, will require a new immigrant visa to reenter the United States and resume permanent residence.

A provision exists under U.S. visa law for the issuance of special immigrant status as a returning resident to an alien who has remained outside the United States due to circumstances beyond his/her control. While being granted returning resident status eliminates the requirement that an immigrant visa petition be filed on the individual’s behalf with the USCIS, the applicant is required to establish his/her eligibility for an immigrant visa, attend a medical and pay a new set of visa processing fees of $380 and medical fees.

Important: Conditional residents of the United States who fail to file an application to have conditional resident status removed are required to apply for a new immigrant visa. They are not eligible to apply for special immigrant status as a returning resident.

The U.S. citizen or Lawful Permanent Resident relative is required to file a new immigrant visa petition on his/her behalf with the U.S. Citizenship and Immigration Services.

[waiting4s 0]

Hi,

Thanks for your replies -

I just wanted to add that her Green Card is NOT expired its vaild for 10 yr. only her visa expired. Her green card is still vaild.

Talk to a good immigration lawyer.