JackDp

In short, I am a U.S. citizen, and my parents obtained Green Cards in 2018 valid for 10 years. They live in Ukraine and visited the U.S. at least once a year for up to 4 weeks (every 9-10 months on average) in 2018 and 2019. Then there was COVID, and now there's a war. In 2022 and 2023, they visited once each with a gap of 9-10 months. The reason they needed to stay in Ukraine is to care for my grandmother (86 years old), and my mother works for the Ministry of Defense of Ukraine.

Yesterday, we all flew to USA. During passport control, we were asked why my parents were last in the U.S. in June 2023 and returned after 9 months. We provided reasons (as mentioned above - caregiving and military service for my mother). After that, we were taken to a separate room, and another officer asked the same questions and said we needed to file Form I-131 and provided printed documents with explanations. He also said that if this continues, they may revoke the Green Cards.

I know from the internet and printed materials that Form I-131 must be filed if the Green Card will be outside the U.S. for more than 1 year - in the case of my parents, they will be forced to stay in Ukraine until the end of the war but can fly to the U.S. for a couple of weeks every 6-9 months. Of course, the risk of losing the Green Card is unacceptable to us, and we want to understand what needs to be done to prevent this - my parents fully intend to obtain U.S. passports in the future, but circumstances are as they are.

In connection with this, I have a couple of questions for you:

• Is it really necessary to file Form I-131 if they will be coming to the U.S. every 9-10 months?
• What happens to their status after 2028 when the Green Card expires?

you are not the only one in this situation, have similar.

I've been contacting CBP and USCIS several times, most of their advises were missleading and basically in opposite direction. I made several calls with same question last week, and USCIS gave me 2 same answers - call your embassy, describe situation and they will guide you. We are in contact with ours, will see.

PS. I found it quite encouraging to hear sympathy from 2 different USCIS contacts and their encouragements, of course, it was not legal advise or something you could use for your case, but some basic human understanding is good to have.

Hi all,

my parents are green card holders (IR5), who currently stay outside of US for less then a year. We have tickets bought to US for the end of April, this is when they will return to US earlier then 1 year of being outside of US. Now, with corona virus, it very well may be they will miss their flight because: 1) there is ban in US on entering people from the country they are now; 2) this country also banned international travels for the same reason; 3) common sense as in 1 month the situation with virus won't change too much and for them, 60+, travel is big risk.

So, they are facing the situation of violating regulation - if they need to postpone their flight for more then 2 weeks they be "overdue" in their return to US, exceed their stay for more then a year. It is very sad and unfortunate, we did a lot to get to this point, ie when they can come to US, but the situation is force majore.

Called to USCS twice - first time I was said this is up to Customs and Border Protection personal; second time -  USCIS advised to file I131A form, but it is not quite their case/eligibility, and it is 575 USD per person. Called CBP, they said it it not their business, talk to USCIS, Consulate referred to CBP. Circle closed. 

The bottom line - I do not see clearly what we need to do to keep GC status, and safely return to US in future once corona virus situation improves (1 month from now? 2? 6? who knows). Of course, giving up GC is not an option, but there must be something in place for situation like this without "punishing" the GC holders.

Your opinions, advise or experience is highly appreciated!

Many thanks and stay safe!

Are there any timeli es for filing i 407?

They got GC in Feb 2018, they visited US once. I know they want to visit (not to stay) again.

Since we know they won't stay and keep living in Ukraine i'd like not to forgo the GC for as long as possible for obvious reasons.

Thanks!

Hi,

I'm US citizen thru naturalization and I've got the Green Card for my parents from Ukraine. The initial intention was for them to get permanent green card. Life makes correction, as always, and it seems they won't be able to live in US for 1 year+ to remove conditions from their green card. 

If we know they won't remove conditions from green card - what are the lawful options? Willingly forgive the green card by contacting consulate in Kiev? Can they get tourist visa instead? Can we repeat the green card process in future?

It was long and expensive process for them to get green card, I'm sad, but I want to leave them an option to come to California and still become green card holders.

thanks!

thank you for help evryone!

Hi,

I become US citizen last year (yeay!) and thinking how to make so my parents from Ukraine could come to see my wife and I.

They both were rejected several times in the past, last time it was in 2012. We've been applying for tourist visa (I had green card back than) but nothing worked, even the cruise tickets that I bought.

Now being US citizen I have an opportunity to apply for green card for them or apply for tourist visa. In reality they want to come here for several weeks, but they have no intention to move out from Ukraine permanently. But on other hand I really want them to come.

My understanding is that applying for green card increases their chances to get visa, but it's lengthy process. Getting tourist visa is faster, but since they were rejected several times already I (and them) has low hopes for another successful run.

Which way I shall go?

well, the answer on question 19 is yes, I will have to explain it on additional sheet, but I was not summoned or assigned to any military units. It's like if you watch Youtube and learn how to shoot the gun, or go to shooting range, so you can say "you are trained".

So, I'm leaning to answer NO on 11, and YES on 19.

I'm also wondering if this YES reduces chances on getting US citizenship.

Hi,

I'm applying for Naturalization (I'm Green Card holder for more than 5 years). One of the question Par #11.15 Form 400 is: Were you ever a member of, or did you ever served in, helped, or otherwise participate in, any of the following groups:

A. Military Unit;

b.c.d etc

The military service in Ukraine is obligatory for males, but as I was in University I chose not to serve in Army, but attend the military classes in the University. Are those classes count as a "Military unit"? The classes in University are equal to duty, but those are just classes, not service.

My intention is to put check mark against NO, but want to make sure this is correct.

Did someone had the similar situation over here?

Thanks a lot!

unfortunately there is no such checklist where u can check off the items which would make a case strong or weak.

I have seen out of 2 cases, a stronger case is rejected and a weaker case is approved.

marriage, i never had issues with USCIS

Thank you~

yes, I know that they look on age and married status, but the same time I'd like at least to minimize denial if it is ever possible!

Hi everyone,

I'm GC holder and I'd like to bring my sister from Ukraine for 2 weeks vacation.

She has stable job as a project manger in IT (mid level management), small property, bank account + self employed.

So, someone advise to write a letter from me, describing the situation and that I guarantee her return back to Ukraine. Is there any other desirable forms I need to use?

Anything official? Does it make any scene for me to became her sponsor??

Thank a lot!

My GC expired Nov 17, I've filed I751 on Oct 10th, passed Biometrics appointment on Nov 4th and since that time no any feedback from USCIS.

It is strange but no NOA1 was received and I'm going to travel abroad on March 13th. Shall I contact them and request for NOA1?

Only your EDD unemployment service or an employment lawyer can tell you for sure if you will get benefits.

I would suggest filing for unemployment benefits immediately.

I think so too...if I'm eligible - I'm good, if not - they will just deny my request without any penalties, contacting to USCIS etc. Right?

Hi guys!

I've got GCard recently and I'm happy like a baby!

I have a question. I had H1B visa that expired this September. I've got married om April and started my adjustment of status based on marriage process this June. After I was married I was laid off unexpectedly in May. I'm still looking for a job and hope I'll find it. But we need to eat something and there was not much savings left - before I had 72K/year, and now - nothing.

May I claim EDD for unemployment? Considering that fact that my company paid to EDD when I was under H1B status and considering that I'm unemployed now but do have a GCard....am I eligible for the claim? There are 6 month passed since I was laid off.

And can my claim 'hurt' my wife?

Thank you, guys!

any suggestions?

Shouldn't you have claimed unemployment benefits within a certain deadline after being laid off? You don't have to be a citizen to claim ue - you just have to have had an employer pay those premiums.

Don't see how the claim could hurt your wife - those are your earned benefits and you can use them.

I had such employer and he did....but he did as long as I was under H1B. Under H1b i was not eligible for EDD insurance. If I changed my status here..may I be qualified for the EDD compensation now?!?

that is a question..

Hi guys!

I've got GCard recently and I'm happy like a baby!

I have a question. I had H1B visa that expired this September. I've got married om April and started my adjustment of status based on marriage process this June. After I was married I was laid off unexpectedly in May. I'm still looking for a job and hope I'll find it. But we need to eat something and there was not much savings left - before I had 72K/year, and now - nothing.

May I claim EDD for unemployment? Considering that fact that my company paid to EDD when I was under H1B status and considering that I'm unemployed now but do have a GCard....am I eligible for the claim? There are 6 month passed since I was laid off.

And can my claim 'hurt' my wife?

Thank you, guys!

any suggestions?

Hi guys!

I've got GCard recently and I'm happy like a baby!

I have a question. I had H1B visa that expired this September. I've got married om April and started my adjustment of status based on marriage process this June. After I was married I was laid off unexpectedly in May. I'm still looking for a job and hope I'll find it. But we need to eat something and there was not much savings left - before I had 72K/year, and now - nothing.

May I claim EDD for unemployment? Considering that fact that my company paid to EDD when I was under H1B status and considering that I'm unemployed now but do have a GCard....am I eligible for the claim? There are 6 month passed since I was laid off.

And can my claim 'hurt' my wife?

Thank you, guys!

Hello!

My wife is US citizen but she was born in Europe and was naturalized in US.

In the list of docs that we must have for the interview listed birth certificate of US citizen. She doesn't have it...or we can't find it. It was lost somewhere.

Thank you!

No, your wife doesn't have a birth certificate of a US citizen, 'cause she wasn't born in the US, so you didn't lose it.

What USCIS wants at the interview is that the petitioning spouse, your wife, can document that she is a US citizen. There are 3 main documents that allow that:

1) US Birth Certificate

2) Certificate of Naturalization

3) US Passport

Any of these will do the trick.

Passport will work!!! ha-ha...thank you very much!

Hello!

I've got the Notice for Interview. My wife is US citizen but she was born in Europe and was naturalized in US.

In the list of docs that we must have for the interview listed birth certificate of US citizen. She doesn't have it...or we can't find it. It was lost somewhere.

What shall we do?

She can show her US passport but not birth certificate that was issued in other country.

Thank you!

-))

gosh! I was not specific in my question.....I know what CVP means... sorry, guys!

But what "CBP inspection" means ??

do they check if I have red light violation?? ( in Ukraine I had a conflict with my luggage in CBP but was OK with their own records )

what "CBP inspection" means?

I have H1-B visa that expires Oct 06,2009 (in few days) but I married in April,09 and filed Adjustment, EAD, AP in July 09, 2009.

I wouldn't leave. Your visa is expired.

Its up to the 'kindness' of the CBP to allow you back in as an AOS aplicant.

You should have the GC soon.

This is my advice only.

Thank you!!

But....what my H1B visa has to do with my current status??

Nothing.

Am I correct saying that - it doesn't matter what status you had and when certain visa expires while you are adjusting your status under I-130? was it H1B or travel or what ever - I'm adjusting and I was legal here

I have H1-B visa that expires Oct 06,2009 (in few days) but I married in April,09 and filed Adjustment, EAD, AP in July 09, 2009.

I wouldn't leave. Your visa is expired.

Its up to the 'kindness' of the CBP to allow you back in as an AOS aplicant.

You should have the GC soon.

This is my advice only.

Thank you!!

But....what my H1B visa has to do with my current status??

How did you enter the US originally?

I did!

I have H1-B visa that expires Oct 06,2009 (in few days) but I married in April,09 and filed Adjustment, EAD, AP in July 09, 2009.

Hi!

I've got AP today! YAHOOOO!!!!

It's sooooo important for me and my wife to go to Europe...

I opened it, read and got a question.

- there are two checkbox in AP paper. One of them against "APPROVED", the other one is against "CONDITIONS/COMMENTS".

The first one dosn't have any comments. In the last one there are several passages that tells that AP is not "admission" meaning that AP is not a guarantee of entrance to US. This is confusing info for me because I was always sure that AP gives guarantee entrance. In other passages it also explains that even with AP the entrance can be denied by the customs etc.

So, in my particular case the box with "APPROVED" marked with cross. Does it means that the "CONDITIONS/COMMENTS" are not applied to me? Or in other words - shall I worry about that conditions/comments that are not marked?? Am I guaranteed in entering USA after trip?

Thank you, guys! :-)