US Greencard revalidation

[Kevin1970]

Hi,

I became the US Citizen in 2008 through Naturalization (Got my GC in 2003) and my minor children too became the Citizen in April 2009. (My Wife and children got their GC in May 2006 through Following to Join option and they used to visit US every year only for 2 months). We all came back to India in April 2009 and planning to stay in India for another year, because of which my wife would be losing the GC status thru overstay.

As a US Citizen, would I be able to revalidate her GC after another Year ? or Do I need to start over ?

Would appreciate the response from anybody who had come across similar situation.

Thank You


Kevin

 

[Bobsmyth]

Hi,

I became the US Citizen in 2008 through Naturalization (Got my GC in 2003) and my minor children too became the Citizen in April 2009. (My Wife and children got their GC in May 2006 through Following to Join option and they used to visit US every year only for 2 months). We all came back to India in April 2009 and planning to stay in India for another year, because of which my wife would be losing the GC status thru overstay.

As a US Citizen, would I be able to revalidate her GC after another Year ? or Do I need to start over ?

Would appreciate the response from anybody who had come across similar situation.

Thank You


Kevin

If she's spending the majority of her time outside the US since obtaining GC, her LPR status is in jeopardy. Unless she can return to US before April 2010 and apply for a reentry permit, she will likely loose her LPR status and you will have to sponsor her all over again.

 

[WBH]

If she's spending the majority of her time outside the US since obtaining GC, her LPR status is in jeopardy. Unless she can return to US before April 2010 and apply for a reentry permit, she will likely loose her LPR status and you will have to sponsor her all over again.

I don't know how USCIS or border patrol controls this issue. I see parents of a few friends, after getting GC thru their kids' sposndorship, stayed outside as many years as they like, typicallt 2 or 3 years, without applying for re-entry permit, come
back to USA without any problem. Maybe the border patrol take a much easy attitude towards old people and these old people do not care that much either. They feel bored here when staying too long (can not drive, don't understand TV or local news paper, not many friends at teh same age), so they always headed for home country and only treat thier GC as multi-entry visitors' visa.

 

[Triple Citizen]

Are these senior citizens 100% truthful at the POEs?

I see parents of a few friends, after getting GC thru their kids' sposndorship, stayed outside as many years as they like, typicallt 2 or 3 years, without applying for re-entry permit, come back to USA without any problem.

 

[WBH]

Are these senior citizens 100% truthful at the POEs?

I don't know. They don't even know how to say ABC so if they lie in non-English, the border control
would not understand it.

I personally believe there is "I don't care" attitude from both sides when dealing with old PRs.
In such case, It is not worth it for PRs to still try all means to make GC safe and it is
equally not worth it for CBP to care that much.

By the way, is it legally wrong to refer old PRs to as senior citizens? They are only senior
non-citizens.

 

[Triple Citizen]

So USCIS processes re-entry/entry applicants if they cannot speak English? I highly doubt that. I am pretty confident that most POE officers will not clear re-entry/entry applicants until they are satisfied. Even if that requires asking another traveler to translate for them. I know this from personal experience. I have been asked thrice to translate "Indian" while awaiting my turn to be processed. I was able to help twice only. The third time, the elderly couple spoke Telugu which I cannot speak

They don't even know how to say ABC so if they lie in non-English, the border control
would not understand it.

 

[WBH]

So USCIS processes re-entry/entry applicants if they cannot speak English? I highly doubt that. I am pretty confident that most POE officers will not clear re-entry/entry applicants until they are satisfied. Even if that requires asking another traveler to translate for them. I know this from personal experience. I have been asked thrice to translate "Indian" while awaiting my turn to be processed. I was able to help twice only. The third time, the elderly couple spoke Telugu which I cannot speak

I seriously doubt every one who does not speak English at all at all always get a interpreter at entry.
On the contrary, I believe they do not.

 

[Triple Citizen]

I agree with you. My point is, USCIS will try their best to take whatever steps they can to satisfy themselves. My friend's mother was once visiting her son in Chicago. She could not speak a word of English. Of course this became an issue at the POE. They sent her to secondary, made her collect her luggage, then went through it. Found her son's cell phone number. Called it. He was at the airport waiting for his mother. They questioned him with regards to her trip and then processed her.

The point I am making, not speaking English at the POE will not automatically translate to "Get out of jail card".

I seriously doubt every one who does not speak English at all at all always get a interpreter at entry.

 

[WBH]

I agree with you. My point is, USCIS will try their best to take whatever steps they can to satisfy themselves. My friend's mother was once visiting her son in Chicago. She could not speak a word of English. Of course this became an issue at the POE. They sent her to secondary, made her collect her luggage, then went through it. Found her son's cell phone number. Called it. He was at the airport waiting for his mother. They questioned him with regards to her trip and then processed her.

The point I am making, not speaking English at the POE will not automatically translate to "Get out of jail card".

The bottomline is some very old people do not care about meeting criteria for maintain PR status anymore
and they are just hopeful CBP let them thru and indeed CBP let them thru with a very big likelihood. If CBP
do not let them thru, they will just let CBP put themn on a return flight..

These are the old people who do not care about how long they stay outside USA. there
are other old people who can make a trip to USA and stay only one week for every six
month. This is also typically adviced against because it is assume USCIS/CBP will sonner
or later catch this but for old people it does not matter that either.

 

[sanjoseaug20]

I don't know how USCIS or border patrol controls this issue. I see parents of a few friends, after getting GC thru their kids' sposndorship, stayed outside as many years as they like, typicallt 2 or 3 years, without applying for re-entry permit, come
back to USA without any problem. Maybe the border patrol take a much easy attitude towards old people and these old people do not care that much either. They feel bored here when staying too long (can not drive, don't understand TV or local news paper, not many friends at teh same age), so they always headed for home country and only treat thier GC as multi-entry visitors' visa.

After having seen the next 4-6 comments after this, I agree with this. My observation is also similar ... although the data set we are looking at might be small. Yes, you can find examples of people interviewed, and you can find the examples of people never interviewed. However, I also feel that lot of the older people with families (sons, daughters) in US are let go easily, but not comparatively younger people.

My take on this is twofold.
#1. They go easy on people who are NOT taking away jobs other American's will NOT do (I know it is a take on a party's slogan). Maybe mixed with some respect for elderly. While the law is law, the immigration people might have their bias (you can read lots of examples on this forum itself).
#2. It is hard to question someone's ties to US when their sons / daughters live in US, but much easier to question if their parents live in India, or Pakistan, or wherever.

 

[Kevin1970]

Thank You all.

I know that I have to apply for her LPR after April 2010, that is for sure. My question is,

1. whether it is for a new one or just a revalidation of the existing one (Somebody was telling that I need only to revalidate and it won't take for more than 2 months)

2. Since I (As a US Citizen) am again sponsoring her, do I need to go through all the processes which I was doing when I sponsered her as a GC holder ?

 

[Jackolantern]

I know that I have to apply for her LPR after April 2010, that is for sure.

So she will complete the full 1 year outside the US without reentering? If she's going the let the GC die like that, she should officially surrender the GC at a consulate via the I-409 process, in order to keep future immigration processes smoother. It's not good to let them take the initiative to revoke it, or to leave it hanging in limbo when she applies for a tourist visa or reapplies for a green card.

1. whether it is for a new one or just a revalidation of the existing one (Somebody was telling that I need only to revalidate and it won't take for more than 2 months)

Wrong. Once it's revoked or surrendered, it has to be a new one. Maybe by "revalidation" that person meant returning to the US before the 1 year is up, and applying for a reentry permit before leaving.

2. Since I (As a US Citizen) am again sponsoring her, do I need to go through all the processes which I was doing when I sponsered her as a GC holder ?

Everything has to be redone from the start.