reentry permit or file I 407 for mom green card

[ivantran85 1]

Hi guys,

My mom has 10 years green card, she is in her 9th year now. She stay in vietnam most of the time because she has business in vietnam. She only come to the us every 2 year to get reentry permit. however, this time the reentry permit is only good for 1 year. What is my mom option. She own a house in virginia, no bank account, only state ID.

 

1. Should my mom come back to the us every 6 months to maintain green card?

2. Should my mom file 407 and get tourist visa later when she wants to visit US?

 

At the POE, the officer asked her what is the purpose of your trip? i dont know which trip they prefer to? the trip to us, or the trip to vietnam. what my mom should answer to this question. 

 

 

 

 

[EM_Vandaveer 2,408]

Your mom is supposed to be living in the US. That is what a GC is for... Sooner or later she will lose the GC for abandonment. Tell her never to sign anything CBP gives her, lest she voluntarily gives it up. Only an IJ can take it, CBP cannot UNLESS they convince her to sign a paper saying she'll give it up voluntarily.

[mcdull 474]

She cannot come every six months and maintain her residency. 

 

A green card is for somebody who has intention to live in the US. 

 

Her travel abroad should be temporary, not permanent. 

 

[Roel 7,192]

Yes, if your mom doesn't live in the US, she should give the green card away and apply for tourist visa instead.

If she keeps up what she's doing, the green card will be just taken away.

 

Seriously....

[mcdull 474]

Just now, Roel said:

Yes, if your mom doesn't live in the US, she should give the green card away and apply for tourist visa instead.

If she keeps up what she's doing, the green card will be just taken away.

 

Seriously....

I am also wondering, if she doesn’t want to live in the US, why does she need a green card anyway?

[ivantran85 1]

So can she file i 407 at vietnam consulate, and apply for tourist visa later? im just afraid that she wont get tourist visa because her previous green card

 

She has green card because she want to visit me. but now she tired of traveling to US every year.

 

Edited July 22, 2018 by ivantran85

[Roel 7,192]

2 minutes ago, ivantran85 said:

So can she file i 407 at vietnam consulate, and apply for tourist visa later? im just afraid that she wont get tourist visa because her previous green card

 

It's better to try to officially give away green card and apply for b2 then having a visit in immigration court on your record..  I'm honestly shocked your mother was allowed to use her green card the way she does for so long...

[Crazy Cat 41,979]

9 minutes ago, ivantran85 said:

So can she file i 407 at vietnam consulate, and apply for tourist visa later? im just afraid that she wont get tourist visa because her previous green card

 

She has green card because she want to visit me. but now she tired of traveling to US every year.

 

Your mother is abusing the US immigration system.  Whoever told her that a Green card can be used to just visit is wrong........As @Roel said, she should surrender her Green card........

[Liam2021 583]

Asked your mom next time stay in US for 2-3 years. At that time, asked her apply for citizenship. After she got citizenship, she will be free to travel. Until then,only go back to US for a few weeks then leave to maintain her GC is not the best practices.

[EM_Vandaveer 2,408]

2 minutes ago, H&T said:

Asked your mom next time stay in US for 2-3 years. At that time, asked her apply for citizenship. After she got citizenship, she will be free to travel. Until then,only go back to US for a few weeks then leave to maintain her GC is not the best practices.

Sounds like 4 or 5 years' stay would be needed before she could apply for citizenship.

[ivantran85 1]

My mom cant stay in the us for more than 1 year. she has business back in vietnam. 

Anybody heard of file I 407 and get tourist visa approve later on?

[EM_Vandaveer 2,408]

2 minutes ago, ivantran85 said:

My mom cant stay in the us for more than 1 year. she has business back in vietnam. 

Anybody heard of file I 407 and get tourist visa approve later on?

This happens often (basically handing back the GC is a pretty good sign of no immigrant intent) but there are no guarantees she'd get a tourist visa.

I don't understand why she got a GC in the first place if she never intended to live in the US...

[Going through 5,671]

2 minutes ago, ivantran85 said:

Anybody heard of file I 407 and get tourist visa approve later on?

People have been successful with this in the past.  

 

Your mother has been extremely lucky in the past with multiple re-entry permits being approved back-to-back.  The fact that her most recent re-entry has been approved for only 1 year should be taken as a warning that sooner or later her luck may run out.

 

 

[Amadia 711]

2 hours ago, ivantran85 said:

She stay in vietnam most of the time because she has business in vietnam. She only come to the us every 2 year to get reentry permit.

Sooo.....your mom has her 10yr gc, one that others are struggling to obtain legitimately right now, but stays in Vietnam due to commercial obligations...??

 

Okay....your mom is lucky to even be granted re-entry permits the second time around IMO. A green card application is one where the applicant is asking to work and live in the US. This is why there are multiple visa types:

B1/B2 for visiting 

IR1/IR2/IR5 for spouse/relatives of US citizens

...the list goes on.

 

You mentioned that your mom does not even have a US bank account in the USA. If an officer deems that she had been out of the US for too long on too many occasions, she can be brought before a judge for questioning and given the opportunity to renounce her green card (it happened to one of my aunts) since she proves to not work or live in the US which was the intent of the the application.

 

[Amadia 711]

1 hour ago, H&T said:

Asked your mom next time stay in US for 2-3 years. At that time, asked her apply for citizenship.

The OP's mom will have to stay of 5 years as she has been out of the US for a great length of time on multiple occasions. 3yr applicants are those who have been married for that duration to their US citizen spouse and has been residing in the US for the same length of time.