Help Needed -- Mom has not entered USA for a year & a half on a Green Card

R

rohinivikas

New Member
Hello All,

I need some advise from experts on a family based green card. My mom got a green card through my sister 2 1/2 yrs ago. When she got the GC, she came to US and stayed here for 2-3 months, then she went back to India. Since then she has not come to USA and it has been 1 1/2.

Is her GC expired or cancelled? Can we renew her GC?

Please advise

Thanks, Vikas
 
She appears to have abandoned it since she did not get a reentry permit. What was her reason for not following the rules concerning her GC? If she has a very good reason for not returning and living in the US, she may qualify for a SB.

You cannot just renew a GC that has been abandoned; she must start all over again.
 
GC automatically expires 1 year after departure from US unless a Re-entry permit is obtained, in which case it expires in 2 years. Your mom's GC is currently expired and she will most likely be denied admission into US.

She can apply for a returning resident's visa which is issued at a US consulate. Applicant has to prove that he/she had to stay outside US for so long for reasons beyond their control and that they have not abandoned US as their place of residence (showing current US bank accounts, tax returns, lease, utility bills, etc.)

If she is not eligible to get a returning resident visa, she has to start her green card process all over again (beginning with a relative filing I-130)
 
My father didn't come to the US for 2 years, and he didn't have any problems coming back into the US with his greencard. Perhaps it's because he's elderly.

nkm-oct23 where are you getting your information about the card expiring after a year from??
 
curve100 said:
My father didn't come to the US for 2 years, and he didn't have any problems coming back into the US with his greencard. Perhaps it's because he's elderly.
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He got lucky and the officer didn't notice how long he was gone, or didn't ask him.

nkm-oct23 where are you getting your information about the card expiring after a year from??
Click to expand...
"Expiring" is probably not the right word, but it's true that the green card by itself (i.e. without a reentry permit or returning resident visa) is not valid for use as an entry document after an absence of one year or more.
 
Guys,

Thanks for helping me out and I really appreciate. Actually my mom had to stay in India because of my grandma. She is close to 88 yrs old and she can hardly walk and do anything. This is the reason my mom could not come to USA again.

Can someone please summarize and tell me what exactly I have to do for her?
 
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