Question about mother wants to use PR card to enter into US...will it affect me ?

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syng0

Registered Users (C)
My mum received her Green Card decades back from a marriage after a divorce with my dad and had not been permanently living in the US. I came to US in 1997 as a student and after graduation, I was able to get H-1 and subsequently a Green Card and has been working since then and settled permanently in the US. This June will be my 5th year with my green card and I am planning to apply for citizenship. My question is, my mum is wanting to come to US this May to visit me and to see her grandson using her green card. I know this is a huge risk and she may get caught but I have a hard time telling her to give up her green card since I cannot guarantee she can get a visitor's visa for keeping her green card and not living in the US all these time. My question is, if se does get caught at port of entry, will it affect my current green card which I received via work and also my citizenship ? Thank you all for your input !
 
syng0 said:
My mum received her Green Card decades back from a marriage after a divorce with my dad and had not been permanently living in the US. I came to US in 1997 as a student and after graduation, I was able to get H-1 and subsequently a Green Card and has been working since then and settled permanently in the US. This June will be my 5th year with my green card and I am planning to apply for citizenship. My question is, my mum is wanting to come to US this May to visit me and to see her grandson using her green card. I know this is a huge risk and she may get caught but I have a hard time telling her to give up her green card since I cannot guarantee she can get a visitor's visa for keeping her green card and not living in the US all these time. My question is, if se does get caught at port of entry, will it affect my current green card which I received via work and also my citizenship ? Thank you all for your input !
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No effect on you
 
She should officially surrender the card using the I-407 process and then apply for a tourist visa. Otherwise, if they catch her at the port of entry, they'll confiscate her green card and she will be unable to enter the US for a long time (if ever).
 
Thank you all for your feedback. If she does surrrender her Green Card, do you see issues if one day she wants to come live with me and I reapply for a green card for her after I become a citizen ?
 
cafeconleche said:
If you try to enter with a GC after a long absence, they can ban you?
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Depends. If they catch you in a lie, then yes, and for life. If not, I suppose they could place you into expedited removal, but it's doubtful unless you really tick off the CBP folks or you are trying to do this multiple times. Generally, they should just turn you away.
 
TheRealCanadian said:
Generally, they should just turn you away.
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And take away the green card. Then you'll have the difficulty of trying to convince them of nonimmigrant intent when applying for a tourist visa, after they know your last trip to the US involved attempting to enter as an immigrant. So even if there is no outright ban, the result may be that you're unable to return for many years.
 
syng0 said:
Thank you all for your feedback. If she does surrrender her Green Card, do you see issues if one day she wants to come live with me and I reapply for a green card for her after I become a citizen ?
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No, no issue ... except that I would advise to go the route of consular processing for the next green card, rather than entering with a tourist visa and filing I-485. She shouldn't apply for a tourist visa declaring that she has no immigrant intent as evidenced by surrendering the green card and then turn right around and use the visa to enter the US to stay and immigrate. Even if it doesn't hurt her own case, something like that hurts the next person who surrenders their green card and then applies for a tourist visa.
 
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