Q: Can I file I-130 for my father who is a green card holder but his green card has expired 6yrs ago?
My father is a green card holder but his green card has expired 6yrs ago and he is currently outside of the US. He filed Ds-117 but got denied few days ago.
I’m a US citizen and wanted to file I-130. Is there any issues with that?
Thank you
A:
As a U.S. citizen, you are eligible to file an I-130 petition for your father, even if his green card has expired. The expiration of his green card does not affect your right to file the petition. The I-130 form is used to establish a familial relationship with a potential immigrant, in this case, your father.
However, it's important to note that his expired green card and the fact that he has been outside the United States for over six years may complicate his case. Green card holders are expected to maintain their permanent residence in the U.S., and staying abroad for an extended period can be viewed as abandoning that status. His recent denial of the DS-117 (Application to Determine Returning Resident Status) could be indicative of this issue.
In filing the I-130, you should prepare for potential challenges related to his prolonged absence from the U.S. and the expiration of his green card. It's recommended to gather evidence of his ties to the U.S. and any reasons for his extended stay abroad. This evidence can be crucial in addressing any concerns about his abandonment of permanent resident status.
Given the complexity of immigration laws and the specific circumstances of your father's case, consulting with an attorney experienced in immigration law can provide you with personalized guidance and increase the chances of a successful outcome. An attorney can help you navigate the process, prepare the necessary documentation, and address any complications that arise.
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