Is my 2B case still valid if my sponsor has left the US for more than 2 years?

[akuri]

After one harsh treatment by the US-Canadian Custom Officer who questioned my dad why he left the US for months every year, my poor dad who doesn't speak well in English got upset and was frighten to go back to the states. In fact we didn't know about this incident until about 6 months later when we asked him when he wanted to come back again. Anyway, he hasn't returned to the states since then, and that is almost three years now.

The immigration laws say something like if a GC holder left the country for more than one year, it is assumed that s/he voluntarily giving up his/her GC. Now, my dad was the petitioner for my I-130 2B application filed in 2003. For such situation,
1) is my I-130 application still valid?
2) will they find out my dad's GC status has problem when my case is up for processing?
3) what will they need from my dad when my case is up for processing? I am capable to sponsor myself, therefore no financial statements needed from my dad, I think.

Cross my fingers..................

 

[PraetorianXI]

If your dad as a permanent resident, has not returned to the USA in more than 2 years... he has given up his residency status. Therefore your I-130 petition is void.

 

[Triple Citizen]

There is no such entity.

US-Canadian Custom Officer

He is no longer an LPR. His I-130 for you was to allow his child to join him in the US. Since he himself does not live in the US, in my view his family cannot join him in the US. Having said that, I am not to sure if all I-130s are considered void if an LPR is determined to have lost his/her status.

he hasn't returned to the states since then, and that is almost three years now.

 

[cherr1980]

Sorry, but the officer had all the right to ask such question and your father to answer.

1. Your dad should verify if his LPR status is valid. I really don't think so since it has been over a year and he does not carry an entry permit with him. Still was a slight solution if it was still the first year, but 2 years has pass...uhmm.

2. Normally the eligibility of the petition is not valid if there is a change on the relation of the sponsor and beneficiary (e.g. spouses divorce, etc.). But in your case is that most probably your father is not a LPR any longer...so he practically no longer carries any right to petition you...that's on my point of view. You can or should check with a lawyer.

3. That will depend on #2.

Good luck!

 

[LucyMO]

did your father have a reentry permit? if not, then an absence of more than a year from the States rendered his GC void.

 

[akuri]

Thank you all.

No, my dad doesn't have a reentry permit, although I urged him many times to get one before he left....

1) How to check the validity of my dad's LPR without going thru a lawyer?
2) will they find out my dad's LPR problem when my case is up for processing?
3) I have not receive any notification about my case, wouldn't I receive one if my case is void?

 

[xerostomic]

Thank you all.

No, my dad doesn't have a reentry permit, although I urged him many times to get one before he left....

1) How to check the validity of my dad's LPR without going thru a lawyer?
2) will they find out my dad's LPR problem when my case is up for processing?
3) I have not receive any notification about my case, wouldn't I receive one if my case is void?

As you have already been told that his LPR status has expired. If you want to check it's validity or in other words you want to give it a try, your dad would have to enter US ASAP. If at the port of entry they raise the issue of his long absence then he can try by showing them evidence that he didn't intend to leave US permanantly and he couldn't return due to circumstances that were beyond his control. Like he can show if he had rented a home here or had some business here. You might be knowing what kind of evidence you can produce in your case. There is no gurantee, but if he come well prepared he might be allowed.
Once your dad suceeds in entering US your I-130 is safe if he doesn't leave for that much time again.
P.S: Don't wate time here. have a phone counsultation with a proper immigration lawyer and take a decision urgently. The longer you wait, the more are the chances of being denied at the port of entry.

 

[PraetorianXI]

Once your dad suceeds in entering US your I-130 is safe if he doesn't leave for that much time again.

Yeah, sure it is safe... if his dad "lies" at the POE and gets in, and it is one day discovered... he will be deported and the son's GC or Citizenship revoked.

There is no point in trying to "cheat" the system.

 

[xerostomic]

Yeah, sure it is safe... if his dad "lies" at the POE and gets in, and it is one day discovered... he will be deported and the son's GC or Citizenship revoked.

There is no point in trying to "cheat" the system.

lol, you just sworn that you will be nice.
by the way where did this cheating come from??????? can you highlight the sentence. This is not a stay or leave bet for you, it's just that I want to understand immigration law. And plz don't just pick one sentence out of context.

 

[Nj485pend]

Please look at the USCIS site and they have some helpfull information

I remember reading recently that if a PR is out of the country for a long time they need to apply for a 're entry' visa at at a US consulate before returning to the US. If the 'visa' is approved I guess you are good. There will be no problem at the POE etc.. Else if denied then you know his PR status is not valid anymore. Important note if he has not filed US taxes he should before taking any other step.

Here is the info: (Please read "May be Found" carefully there is officer discretion here all is not automatic)

Maintaining Permanent Residence
Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

You may be found to have abandoned your permanent resident status if you:


Move to another country intending to live there permanently.
Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
Fail to file income tax returns while living outside of the US for any period.
Declare yourself a “nonimmigrant” on your tax returns.

 

[austriacus]

Here's more information about the Returning Resident Visa (SB-1):

To qualify for such status aliens must show:--

That they were lawful permanent residents when they departed the United States. -- That when they departed they intended to return to the United States and have maintained this intent: -- That they are returning from a temporary visit abroad and, if the stay was protracted, that it was caused by reasons beyond their control and for which they were not responsible; and -- That they are eligible for the immigrant visa in all other respects.

Applicants who wish to apply for Returning Resident (SB-1) visas should contact the nearest consular office well in advance of their intended travel (at least three months in advance, if possible) to permit sufficient time for visa processing.