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Parent's GC (Green Card) expired 4 yrs ago/ Want to re-activate it

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  • Parent's GC (Green Card) expired 4 yrs ago/ Want to re-activate it

    Hi Everyone!

    This is the first time I'm posting on this website. So, I apologize if this is not the right place to post this query.

    I am a naturalized US citizen. My parents had been permanent residents of the US since 2002 and had maintained their GC till 2012 after which it expired. During this period they had lived here on and off. They had let it expire as they were not planning to continue to live in the US at the time. The situation has changed now and they would like to move back to the US.

    I would appreciate any help regarding the following queries:

    1. Can they renew/re-activate their existing Green cards (The expired cards are with them and they have not surrendered them to the US embassy yet)

    2. If not, what is the alternative for them?

    3. I have been informed by someone, that the fastest way to get my parents to the US would be for them to immediately surrender their Green Cards to the US embassy and get a 10 year B2 visit visa. Is it guaranteed that they would receive a Visa? If I were to go this route, how would it impact their eventual goal of becoming permanent residents of the US. Also, could I avail this and process their immigration visa in parallel?

    I am sorry for the information explosion. But, I would really appreciate if someone can help me out with these queries. Also if required, I would be more than happy to provide any other information pertaining to this issue. I would like my parents move here as soon as possible.

    Thanks
    Last edited by shoaib_ar; 07-11-2016, 07:25 AM.

  • #2
    Originally posted by shoaib_ar View Post
    Hi Everyone!

    This is the first time I'm posting on this website. So, I apologize if this is not the right place to post this query.

    I am a naturalized US citizen. My parents had been permanent residents of the US since 2002 and had maintained their GC till 2012 after which it expired. During this period they had lived here on and off. They had let it expire as they were not planning to continue to live in the US at the time. The situation has changed now and they would like to move back to the US.

    I would appreciate any help regarding the following queries:

    1. Can they renew/re-activate their existing Green cards (The expired cards are with them and they have not surrendered them to the US embassy yet)

    2. If not, what is the alternative for them?

    3. I have been informed by someone, that the fastest way to get my parents to the US would be for them to immediately surrender their Green Cards to the US embassy and get a 10 year B2 visit visa. Is it guaranteed that they would receive a Visa? If I were to go this route, how would it impact their eventual goal of becoming permanent residents of the US. Also, could I avail this and process their immigration visa in parallel?

    I am sorry for the information explosion. But, I would really appreciate if someone can help me out with these queries. Also if required, I would be more than happy to provide any other information pertaining to this issue. I would like my parents move here as soon as possible.

    Thanks
    1. No.
    2. You need to file an I-130 and start over.
    3. Unlikely. There is never a guarantee of a visa.

    How long have your parents been out of the US? When was the last time they were here?

    Comment


    • #3
      Originally posted by VNK View Post
      1. No.
      2. You need to file an I-130 and start over.
      3. Unlikely. There is never a guarantee of a visa.

      How long have your parents been out of the US? When was the last time they were here?
      Can the parents file returning resident visa SB1 instead of starting over GC process.

      Comment


      • #4
        Originally posted by cvc70 View Post
        Can the parents file returning resident visa SB1 instead of starting over GC process.
        Yes, they can. Here's the link https://travel.state.gov/content/tri...-resident.html
        There is no need to start over and file a I-130.

        Comment


        • #5
          Originally posted by shoaib_ar View Post
          Hi Everyone!

          This is the first time I'm posting on this website. So, I apologize if this is not the right place to post this query.

          I am a naturalized US citizen. My parents had been permanent residents of the US since 2002 and had maintained their GC till 2012 after which it expired. During this period they had lived here on and off. They had let it expire as they were not planning to continue to live in the US at the time. The situation has changed now and they would like to move back to the US.

          I would appreciate any help regarding the following queries:

          1. Can they renew/re-activate their existing Green cards (The expired cards are with them and they have not surrendered them to the US embassy yet)

          2. If not, what is the alternative for them?

          3. I have been informed by someone, that the fastest way to get my parents to the US would be for them to immediately surrender their Green Cards to the US embassy and get a 10 year B2 visit visa. Is it guaranteed that they would receive a Visa? If I were to go this route, how would it impact their eventual goal of becoming permanent residents of the US. Also, could I avail this and process their immigration visa in parallel?

          I am sorry for the information explosion. But, I would really appreciate if someone can help me out with these queries. Also if required, I would be more than happy to provide any other information pertaining to this issue. I would like my parents move here as soon as possible.

          Thanks
          The green cards are expired, and have been for a long time. That's that. If they were in the US, sure, you can try to renew them, but not while remaining outside the US for 8 years.

          You were misinformed by that person. Always seek direct sources of information. Hear-say will waster your time and money. Here is the link to SB-1 returning resident visas from the Department of State. https://travel.state.gov/content/tri...-resident.html

          If the end goal here is to live in the US and use the green card for its intended purpose, then the SB-1 visa is your best option. Only a judge can make a finding of abandonment of legal permanent resident status. In theory they could show up at a port of entry, and try to talk their way in, then the CBP agent would issue a NTA (Notice to Appear) to see an immigration judge. You don't want to get into all that.

          Just read the instructions carefully, and follow them verbatim. No deviations. No shortcuts. Once here, they should start thinking of citizenship in order to avoid all of this altogether.

          All the best.

          Comment


          • #6
            Originally posted by cvc70 View Post
            Can the parents file returning resident visa SB1 instead of starting over GC process.
            It will definitely be denied. To get SB-1 visa, they have to show that their remaining abroad beyond one year was due to circumstances beyond their control, and they are returning at the soonest possible time that they could. So they need to prove that from 2012 until now they were completely prevented from returning to the US due to circumstances outside their control. It doesn't sound like this was the case based on your description.

            This is my personal opinion and is not to be construed as legal advice.

            Comment

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