Re-entry permit expired what are the chances?

L

lalalaej

New Member
Hi
my mom and my brothers left the states due to my dad's job and when they left, they applied for I-131 which expired july 8 of this year. although my dad went there for 3 year contract with the school, he will be living there and is not planning on coming to america.

My mom however, wants to keep the green card on behalf of my brothers and is trying to come back to the states for the green card. when she went to the embassy, she was told that she has to write a petition to CIS. my question is what are they chances that they will let her keep and my brothers' green card if she wrote on the petition that she could not make it to the states before expiration date because my brothers' school was not out?

im currently a green card holder as well and if my mom uses the fact that her daughter is here and my dad has been filing tax returns even after he left (i had to file my tax report under his name since im under 24) will it be possible for them to keep the green card? The thing is, my family cleaned their bank account and transfered their money to that country(closed bank account) and sold every properties that they owned when they were here and they are currently working abroad in other country.

Could anybody give any information/thoughts regarding this situation?
Thank you very much! :)
 
Your father should officially surrender his green card at the embassy with form I-407, if he hasn't already done so. Otherwise he'll have to keep filing US tax returns and run into trouble when trying to visit the US.

How long ago did your mother last leave the US? If she left the US more than a year ago and wants to keep her green card and return to the US, she needs to apply for a Returning Resident Visa through the embassy. See http://www.immihelp.com/greencard/returning-resident-visa.html.

But it looks like she will not have a good chance of getting the visa, due to liquidating their US-based assets and transferring the money out of the US, combined with the fact that her husband is living outside the US. I would suggest that she surrenders her green card and applies for a tourist visa. If she applies for the Returning Resident Visa and it is refused, it's unlikely she'll be able to get a tourist visa. But if she officially surrenders the GC with form I-407 she can easily get a tourist visa (she can even apply for it in the same visit to the embassy when surrendering the GC).

(i had to file my tax report under his name since im under 24)
Click to expand...
What do you mean "under his name"? As an adult you're supposed to file your own tax return, even if you're a dependent on somebody else's return.
 
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Thank you!!
They left two years ago and sorry i got that mixed up! i do file my own taxes(i was thinking about my FAFSA dependency status) So even if my dad filed the tax return here which is my mom's only hope of letting her back in the states, it will be hard for her to keep her and my brothers' green card?

do you think CIS will be nice enough to let her in because her daughter, me is here?
we have sent the petition already so hopefully they'll let her pass....
 
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