Visa after greencard?

[Goodluckeveryone 42]

In 2005 my brother filed petition for my mother and she came to USA (IR5), got her greencard and went back after one month. She never came back.

Her 10 year greencard expired in 2015.

Fast forward 2022: I want to bring my mother to USA as being a US citizen myself.

Do I start all over again and file I-130 petition for her so she gets a new visa and a new green card when she comes.

Or since she already had one I need to file I-90 to renew her greencard? And give explanation why she never came back(its been too long).

Has anyone here ever been through such a situation when you apply for visa again after getting a greencard? Or is there any other post I can relate to? 

[Boiler 45,659]

Simplest would be to file from scratch, did she file a I 407.

 

Why did she not come back?

[Mike E 11,740]

File I-90, try to board the flight, try to be admitted as a returning resident.  She might  luck out. 
 

 

Edited September 25, 2022 by Mike E

[Boiler 45,659]

This is 17 years not 7.

[Lil bear 4,252]

10 minutes ago, Mike E said:

File I-90, try to board the flight, try to be admitted as a returning resident.  She might  luck out. 
 

 

No valid evidence of LPR status. GC expired. Wont work 

[Mike E 11,740]

4 minutes ago, Lil bear said:

No valid evidence of LPR status. GC expired. Wont work 

Won’t work with 100 percent certainty?

9 minutes ago, Boiler said:

This is 17 years not 7.

The  referenced  comment referred to 9 year absence.  

[Boiler 45,659]

I 90 takes a year or so

 

I 130 18 months?

 

I 90 is rolling the dice assuming it is issued. I do not see the logic especially given the time lines.

 

Sounds like she visited for a month and went home.

[Mike E 11,740]

1 minute ago, Boiler said:

I 90 takes a year or so

I-90 takes 2 weeks to issue an extension letter. 
 

To get a new gc can take anywhere from a week to over 3 years.  
 

I never suggested waiting for the gc replacement. Though anecdotally it  does seem like people with long expired green cards get their replacement cards quickly. 
 

The point of I-90 is so that the LPR is logged in the system as having valid credentials for entry into the USA. This can, in theory, reduce the odds that a kiosk (likely a facial recognition kiosk) spits out a receipt that requires the LPR to be inspected by an actual CBPO.  
 

1 minute ago, Boiler said:

I 90 is rolling the dice assuming it is issued. 

At a cost of $540 it is loose change compared to the alternative.  A famous immigrant once said you miss 100 percent of the shots you don’t take. 

[Boiler 45,659]

She has been gone 17 years and now there is a rush.

 

OP did not say how old she is but I am going to assume well past retirement age. And that is a long trip with potential consequences. Air fare is not cheap.

 

KISS applies here.

[Lil bear 4,252]

Although not explicit that the GC cannotbbe renewed overseas, the person involved certainly doen not meet the following found on the USCIS I90 info page 

 

If you are outside the United States and your Green Card will expire within six months (but you will return within one year of your departure from the United States and before the card expires), you should file Form I-90 as soon as you return to the United States.

 

She has failed to meet the requirements for maintaining LPR  status.  If she wants to fight it out in court .. fine ..   the form requires a current physical address .. unless she is going to not be honest , this must be her overseas address. Open the can of worms if her travel history is checked during processing.. or when asked “ how long have you been overseas” at POE. Way to many implications for my comfort zone … but thats me. 
 

im out 

[Mike E 11,740]

9 minutes ago, Lil bear said:

Although not explicit that the GC cannotbbe renewed overseas, the person involved certainly doen not meet the following found on the USCIS I90 info page 

 

If you are outside the United States and your Green Card will expire within six months (but you will return within one year of your departure from the United States and before the card expires), you should file Form I-90 as soon as you return to the United States. 

Neither published policy nor any evidence as law and as it turns out, not DHS practice:

 

CBP advised the LPR to file I-90.  Even though it  was a land border entry and thus CBP would have admitted the LPR (who lost the gc while in Canada) I surmise the filing of I-90 was to avoid I-193 and the fee. 
 

Logically DHS can’t both impose   a fine (I-193 fee) and require I-90 to be filed from inside the USA.  

Edited September 25, 2022 by Mike E

[Mike E 11,740]

23 minutes ago, Boiler said:

And that is a long trip with potential consequences

What consequences?

[Lil bear 4,252]

14 minutes ago, Mike E said:

What consequences?

Review of file for any reason eg N400. Low risk but i personally prefer to stay well away from the cliff edge.  

[Mike E 11,740]

1 minute ago, Lil bear said:

Low risk but i personally prefer to stay well away from the cliff edge.  

Likewise. My longest absence as an LPR was 4 weeks. 
 

It depends on what the goals of the LPR in question are.  
 

I know of a case that makes me shake my head … LPR was gone for more 18 years.  Applies for and is issued an F-1 student visa (CO was utterly incompetent)    
 
Enters successfully on the F-1 (CBPO dropped the ball).  Files I-90 and gets new gc in under a year.  Then does a vacation outside the USA and comes back on the new gc with no issues.
 

So 4 opportunities for DoS and DHS to stop this LPR and the ball dropped each time.  
 

https://www.reddit.com/r/immigration/comments/wu22uf/spousal_green_card_sponsorship_with_long_term/

So I won’t be surprised if a 17 year absence is ignored by CBP.  DHS sets new standards in lax enforcement of INA each day. 

[Lil bear 4,252]

10 minutes ago, Mike E said:

Likewise. My longest absence as an LPR was 4 weeks. 
 

It depends on what the goals of the LPR in question are.  
 

I know of a case that makes me shake my head … LPR was gone for more 18 years.  Applies for and is issued an F-1 student visa (CO was utterly incompetent)    
 
Enters successfully on the F-1 (CBPO dropped the ball).  Files I-90 and gets new gc in under a year.  Then does a vacation outside the USA and comes back on the new gc with no issues.
 

So 4 opportunities for DoS and DHS to stop this LPR and the ball dropped each time.  
 

https://www.reddit.com/r/immigration/comments/wu22uf/spousal_green_card_sponsorship_with_long_term/

So I won’t be surprised if a 17 year absence is ignored by CBP.  DHS sets new standards in lax enforcement of INA each day. 

Im just not going to recommend taking the chance.