Asked in Immigration Law for California

Q: LPR for last 30 years lived outside USA with limited trips back to USA. What is needed for her to move permanently to US

My mother has GC I551 (77 no exp) and has lived lived outside USA with limited trips back and forth to USA with no issue getting through US immigration until 2019 when they questioned and allowed her through on a Visa waiver, which states that her GC is no longer valid. Question is my mother is now ready to retire with us in the US and what would we need to do to avoid US immigration issues for her in the future? Thank you

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4 Lawyer Answers
Mario Musil
PREMIUM
Mario Musil
Answered
  • Immigration Law Lawyer
  • Portland, OR

A: If they had her file a Form I 407 and turn in her green card, she will have to reapply for her LPR status. Even if they did not take the card, it is very likely that she may be in the system as having abandoned her status, which would mean she has to reapply. An experience immigration lawyer will be able to review her case in more detail and discuss a strategy with you.

1 user found this answer helpful

Agnes Jury
Agnes Jury
Answered
  • Immigration Law Lawyer
  • Traverse City, MI

A: It sounds like your mom has effectively abandoned her permanent residency (i.e. green card) in the US by being outside the US for such a long period of time. If you or your siblings (if any) are US citizens over the age of 21 then you can sponsor your mom for her to become a permanent resident again. Before you do, I would recommend you do at least a consultation with an experienced immigration attorney to make sure that she otherwise qualifies to adjust her status to that of a permanent resident. Best wishes!

1 user found this answer helpful

Patricia C. Wall-Santiago
PREMIUM
Patricia C. Wall-Santiago
Answered
  • Immigration Law Lawyer
  • Fort Lauderdale, FL

A: Hello, unfortunately, there is a presumption of abandonment of her LPR status based on the information. The green card that she was issued is a green card that did not have an expiration date. Green cards are only proof of status, not the status itself. Based on this set of facts, in more likelihood, you would need to petition for her and reapply for an Immigrant visa or adjustment of status. I strongly advised that you seek legal advice from an experienced immigration attorney. Good luck!!

1 user found this answer helpful

Kyndra L Mulder
PREMIUM
Kyndra L Mulder
Answered
  • Immigration Law Lawyer
  • Jacksonville, FL

A: Admitting your mother into the USA on the VWP is an indication that her LPR status has been revoked. You will need to refile on her behalf.

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