Is the green card linked to the passport?

[MariaEu 0]

Hi, hope you can help me.

 

My mother (84 years old) is a current US resident with a green card but she is stuck overseas (Spain) unable to renew her Spanish passport for the last 6 months. She is missing her doctor appointments in the USA (she got cancer 4 years ago) and the more feasible options seems to come back to USA with her Venezuelan passport. 

 

  My question is if can she come back to USA with her Venezuelan passport even though she got the green card with her spanish passport?

 

Many thanks

Maria

[Mike E 11,740]

22 minutes ago, MariaEu said:

 

  My question is if can she come back to USA with her Venezuelan passport even though she got the green card with her spanish passport?

 

Legally she can. 
 

However some CBP officers have been known to bark at LPRs who use a  passport with citizenship different from that listed in the green card.  
 

The remedy is simple:

 

* When she arrives in the USA, present her green card and only her green card. IME 75 percent of the time it ends there because most officers are aware that her sole document for entering the USA is a green card.  
 

* If the officer demands her passport, she should hand over her passport.  
 

* If the officer barks at her, she can bark back: https://help.cbp.gov/s/article/Article-1191?language=en_US

 

“United States (U.S.) LPRs do not need a passport to enter the U.S. as per 8 CFR 211.1(a),”

 

 

This is the law of the USA and legally CBP cannot usurp it.  
 

Her bigger problem is that she has been absent from the USA for more than 180 days and has no valid reason.  She will need to read https://help.cbp.gov/s/article/Article-3671?language=en_US#:~:text=The CBP officer will collect,final determination on your case to understand the consequences of her actions.  

 

 

 

 

 

Edited June 16, 2022 by Mike E

[Chancy 6,241]

*** Moved from AOS from K1 Visas forum to Working & Traveling During US Immigration -- topic is about requirements for US re-entry for LPR ***

 

[MariaEu 0]

Thank you for the quick reply. Just wondering  if won't be easier to entry with the expired Spanish passport filling the I-193 form?

[Mike E 11,740]

1 hour ago, MariaEu said:

Thank you for the quick reply. Just wondering  if won't be easier to entry with the expired Spanish passport filling the I-193 form?

She is not required to have a passport to enter the United States.  Form I-193 is filled out at the US port of entry when CBP determines that the LPR doesn’t have a valid I-551 for entry into the US.  
 

It was Wednesday when you posted and it is now Sunday. Her situation has become worse.  Be more afraid of CBP pressuring her to sign I-407 to relinquish her LPR status or if she refuses (as she should) CBP issues her a notice to appear.  

 

Action is needed, today: she needs to come home, today.  

Edited June 19, 2022 by Mike E