I have a pretty unique case, look for direction/advice.

[CaliLife]

I am a USC. My wife and I have been married since 2009. Her situation stands:

-UK citizen, came to the US as a child in the 80's via Canada.
-Parents started the naturalization process but dropped the ball and never fully completed, both are now deceased with very little record of anything that transpired. I believe INS closed the case back in 1991 due to inability to reach her parents to finish the process.
-My wife has a SS#, valid CA DL, but only a long expired Green Card, so technically she would be considered undocumented status.
-She went to school, college and has a long standing career established, all in the US. But most likely, she would no successfully pass through any E-Verify process due to her current status.

What would be the best method of getting back to legal status? I-130 (through me), I-140?

Thanks

[Tibwa]

I am a USC. My wife and I have been married since 2009. Her situation stands:

-UK citizen, came to the US as a child in the 80's via Canada.
-Parents started the naturalization process but dropped the ball and never fully completed, both are now deceased with very little record of anything that transpired. I believe INS closed the case back in 1991 due to inability to reach her parents to finish the process.
-My wife has a SS#, valid CA DL, but only a long expired Green Card, so technically she would be considered undocumented status.
-She went to school, college and has a long standing career established, all in the US. But most likely, she would no successfully pass through any E-Verify process due to her current status.

What would be the best method of getting back to legal status? I-130 (through me), I-140?

Thanks

If she came in the 80's, her green card should NOT have an expiration date because Green Cards issued during the 1970s and 1980s with no expiration date are still valid. Are you sure that her green card is expired? How does she work? how she was allowed for file I-9 with an expired green card? There are so many questions here. Get her green card and verify it is actually has an expiration date.

[newacct]

First of all, (non-conditional) permanent resident status is permanent, even if the card expires. So even if the card expires or is no longer valid, as long as she maintained residence in the US, she is in legal permanent resident status and is not "undocumented". As a legal permanent resident, she does not need to immigrate again.

The other poster mentioned that it's possible that her green card is not expired. Green cards issued before about 1989 didn't have an expiration date. If it was an "I-551" green card with no expiration date (these were issued between about 1979 and 1989), it is still valid today. If it was an "I-151" green card with no expiration date (these were issued before about 1978), the card is no longer valid. So the specifics of what card it was matters. However, as I said earlier, even if the green card had an expiration date and expired, or even if it was an I-151 that is no longer valid, she is still in valid status, and can file I-90 to renew her card at any time without any problems, no matter how many years it has been expired. She can also apply for naturalization at any time.

[newacct]

how she was allowed for file I-9 with an expired green card?

An unrestricted Social Security card (a List C document) plus a state driver's license (a List B document) are sufficient for I-9 purposes.

[CaliLife]

Thank you all for the responses back.

I will have to verify later, but I do remember the GC having a expiration date on it. It was issued when she was in HS/college timeframe based on the photo, so this would have been the 90's.

From talking with her brother last week, who is also under the same situation, he requested information about his status through the Freedom of Information Act. Per her brother, the naturalization process was stopped after 2 attempts from the INS to obtain additional information, but was unable to reach to reach the family (via regular mail) because of a family move. Therefore, INS considered the case "closed".

Both he and my wife were issued SS# and GC during the initial stages of the naturalization process. With a SS#, she has been able to gain employment, open bank accounts, auto loans, pay taxes, even get jury summons all this time. Basically living like another other legal citizen but not being able to leave the country.

We are just under the belief that she has been currently been living a "gray" area of the immigration system where she is able to do all these things, but also considered a undocumented person. Her saving grace has been, she lives like a complete square so she has almost no interactions with LE with the exception of a traffic ticket or 2 in her lifetime. We are looking for the best path forward so she can eventually no longer live in fear and able to leave the country to visit her extended family someday.

[CaliLife]

An unrestricted Social Security card (a List C document) plus a state driver's license (a List B document) are sufficient for I-9 purposes.

This is correct, unless the employer does e-verify. Not sure if her SS# is considered "valid" at this moment.