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Father did not renew green card - I will petition for them

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  • Father did not renew green card - I will petition for them

    Good Day!

    My father was a green card holder in the US many years ago and has moved to the Philippines since then to be with us family. Unfortunately he has not renewed his green card at all. I on the other hand have moved here in the US and is now a citizen. My question is, if I petition for my father and mother will his expired green card be a problem? Also will my father be able to receive his pension from the years he has worked then?

    Thank you all.

  • #2
    Whether they renewed their green cars is irrelevant -- permanent residency doesn't expire, even though the card does; but permanent residency can be abandoned, and based on your description it sounds like he has abandoned residency, regardless of whether he has a valid green card or not.

    Yes, you can petition for them, and this is true regardless of whether they have abandoned residency or not -- someone who is still a permanent resident is still allowed to re-immigrate by doing Consular Processing abroad again.

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

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    • #3
      Thank you for that. When you say Consular Processing that is the same as me submitting an I-130 for him yes?

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      • #4
        Originally posted by aliblink View Post
        Thank you for that. When you say Consular Processing that is the same as me submitting an I-130 for him yes?
        yes, and he will then go through Consular Processing to get an immigrant visa at a US consulate

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

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        • #5
          Hello.

          I am on the process of doing my parents I-130 and doing more research about my father's situation. I saw a checklist of what I need for the forms and it mentioned there form I407 (record of abandonment of lawful permanent resident status).



          Now this link I attached says its from a USCIS Field Office from Rome. I went to the USCIS Field Office here in Boise ID this morning and asked the agent there about this. He said my situation is unusual. He gave me a copy of the form and instructions. I asked if I really do needto have my father submit form I407 before petitioning him but the agent just said that he is not sure. Not much help unfortunately.

          I know that if my father got approved and got his Visa and is in his port of entry that the CBP officer may revoke his visa/entry.

          Basically I'm unsure on what to do. Should I submit the I-130 or have my father submit the I-407 first?

          Thank you.

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