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Stolen green card 4 years ago outside of the US

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  • Stolen green card 4 years ago outside of the US

    Hello!
    My father and mother came to the US on immigrational visa (I?m US citizen) back in 2013 and received a permanent green card within 2 weeks. Unfortunately due to some personal issues my brother had (he lives in Ukraine), my father had to go back to Ukraine and stay there to support my brother (there was a war conflict in Ukraine back then, if you remember). And shortly after his return, his green card was taken by force there in Ukraine. He filed police report.
    Back then we consulted with an immigrational lawyer and she said that we can?t do anything to replace the green card because he is outside the US and we would need to start the whole immigrational visa petition all over again.

    Now he tried to get tourist visa to visit his grandkids and was denied.
    What do we do? Do we need to do immigrational visa (like last time) instead?
    What are the chances he will be denied?

    Important infortmation: my mom stayed the entire 5 years here and is a permanent resident.

    Any feedback would be very appreciated!

  • #2
    Originally posted by Kizana View Post
    Hello!
    My father and mother came to the US on immigrational visa (I?m US citizen) back in 2013 and received a permanent green card within 2 weeks. Unfortunately due to some personal issues my brother had (he lives in Ukraine), my father had to go back to Ukraine and stay there to support my brother (there was a war conflict in Ukraine back then, if you remember). And shortly after his return, his green card was taken by force there in Ukraine. He filed police report.
    Back then we consulted with an immigrational lawyer and she said that we can?t do anything to replace the green card because he is outside the US and we would need to start the whole immigrational visa petition all over again.

    Now he tried to get tourist visa to visit his grandkids and was denied.
    What do we do? Do we need to do immigrational visa (like last time) instead?
    What are the chances he will be denied?

    Important infortmation: my mom stayed the entire 5 years here and is a permanent resident.

    Any feedback would be very appreciated!
    It is not true that there was nothing he could do to replace the green card; this "lawyer" gave you the wrong information. He could have gotten a transportation letter from a US consulate to return to the US, and then replace the green card once he is in the US.

    However, by this point, he has probably abandoned his residence. They won't give transportation letters to someone who has been outside the US for more than 1 year; the only thing he can do is to apply for an SB-1 returning resident visa, but for that he would have to prove that he couldn't return any sooner due to circumstances beyond his control (i.e. if he was held against his will or something, so there was no earlier time at which he could apply for an SB-1 visa), and it doesn't sound like he would qualify, especially given the number of years he has been out.

    You are a US citizen? You could petition him again. He would be approved. But the process just takes a lot of time and money.

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

    Comment


    • #3
      Do you think I should get an immigrational lawyer to support this time applying for the immigration visa?
      I do know how to fill out the docs and the process but might not know the details how to handle it correctly this time and don?t want to have it denied...

      Comment


      • #4
        Originally posted by Kizana View Post
        Do you think I should get an immigrational lawyer to support this time applying for the immigration visa?
        I do know how to fill out the docs and the process but might not know the details how to handle it correctly this time and don?t want to have it denied...
        It definitely wouldn't hurt, most would recommend just self-filing, but in your situation it could be worth it since it's a bit more complicated than most AOS cases
        This is strictly an opinion and should not be misconstrued as legal advice. The use of this information is strictly at your own risk.

        -Krypton9591

        Comment

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