I have a complicated, rather confusing situation that I need some guidance with. I'll try my best to provide all the vital details that may help in getting the correct advice.
My father, mother, and I, all received our Green Cards back in 1991 valid for 10 years through my uncle sponsoring our family. We lived in the US for about 6 months before heading back due to some unforeseen circumstances with the family back home. My parents decided to stay home while I came back to the US later on. I am a US Citizen now.
In 2001, my parents' Green Cards expired. They had only been to the US once in 1991. They decided to visit me in 2002 and since the Green Cards were thought to have been expired, they applied for a 5-years Multiple Visit Visa and received it. My mother visited me first in 2002 for a few months before returning back home. Then my father visited and upon arriving at the airport, he presented his Visit Visa and also his expired Green Card after which he was pulled into Secondary Inspection and was asked to officially surrender his Green Card. He answered a series of questions and afterwards had to sign on the form containing the transcript confirming his surrender. He was then admitted in the US as a visitor. After staying a few months with me, he went back.
After the Visas expired, they applied for another 5-years Multiple Visit Visa in 2008 and received it but did not travel yet. My father had an untimely death in 2009. Upon going through some documentation recently, I came across the copy of that transcript when he surrendered the Green Card. After reading it thoroughly, I realized that even though the Green Card expires, the status does not, unless it is officially surrendered by the individual or officially revoked by USCIS.
My mother visited me for about 5 months at a time once a year or once every two years starting in 2010. Once that visa expired, she applied for another one in 2012 and received it. She has been coming and going for the past 7 years.
This is where it gets confusing. On her current visit, she arrived in the US in April 2017 and her flight to go back home is on 22nd October, 2017 as she cannot stay more than 6 months at a time as a Visitor. However, her 5-years Visa expires on 18th November, 2017. She wants to stay as a resident in the US now. With only a few weeks left, what are my options? I have copies of her Expired Green Card and her Social Security Card, the originals are still back home. As she is here on a Visit Visa, can she even renew her Green Card or has it truly expired? Can I apply for a Change of Status? Or do I need to start the process from scratch and Sponsor her and File a Petition? During the process, can she physically stay here in the US or she has to go back home as scheduled?
We looked into the option of Renewing her Green Card after my fathers' death in 2009 and upon providing all the details of the case, were advised to start with filing her Income Tax for a few years before proceeding forward. So I started claiming her as a Dependent from 2009 until 2013 for 5 years. Then circumstances changed again and she decided to stay back home for now and not pursue her Green Card. So I stopped claiming her on my Tax Returns.
I'm not sure what the correct path is to proceed forward. I would greatly appreciate any advice regarding this time-sensitive matter, and I thank you for your time in advance.
My father, mother, and I, all received our Green Cards back in 1991 valid for 10 years through my uncle sponsoring our family. We lived in the US for about 6 months before heading back due to some unforeseen circumstances with the family back home. My parents decided to stay home while I came back to the US later on. I am a US Citizen now.
In 2001, my parents' Green Cards expired. They had only been to the US once in 1991. They decided to visit me in 2002 and since the Green Cards were thought to have been expired, they applied for a 5-years Multiple Visit Visa and received it. My mother visited me first in 2002 for a few months before returning back home. Then my father visited and upon arriving at the airport, he presented his Visit Visa and also his expired Green Card after which he was pulled into Secondary Inspection and was asked to officially surrender his Green Card. He answered a series of questions and afterwards had to sign on the form containing the transcript confirming his surrender. He was then admitted in the US as a visitor. After staying a few months with me, he went back.
After the Visas expired, they applied for another 5-years Multiple Visit Visa in 2008 and received it but did not travel yet. My father had an untimely death in 2009. Upon going through some documentation recently, I came across the copy of that transcript when he surrendered the Green Card. After reading it thoroughly, I realized that even though the Green Card expires, the status does not, unless it is officially surrendered by the individual or officially revoked by USCIS.
My mother visited me for about 5 months at a time once a year or once every two years starting in 2010. Once that visa expired, she applied for another one in 2012 and received it. She has been coming and going for the past 7 years.
This is where it gets confusing. On her current visit, she arrived in the US in April 2017 and her flight to go back home is on 22nd October, 2017 as she cannot stay more than 6 months at a time as a Visitor. However, her 5-years Visa expires on 18th November, 2017. She wants to stay as a resident in the US now. With only a few weeks left, what are my options? I have copies of her Expired Green Card and her Social Security Card, the originals are still back home. As she is here on a Visit Visa, can she even renew her Green Card or has it truly expired? Can I apply for a Change of Status? Or do I need to start the process from scratch and Sponsor her and File a Petition? During the process, can she physically stay here in the US or she has to go back home as scheduled?
We looked into the option of Renewing her Green Card after my fathers' death in 2009 and upon providing all the details of the case, were advised to start with filing her Income Tax for a few years before proceeding forward. So I started claiming her as a Dependent from 2009 until 2013 for 5 years. Then circumstances changed again and she decided to stay back home for now and not pursue her Green Card. So I stopped claiming her on my Tax Returns.
I'm not sure what the correct path is to proceed forward. I would greatly appreciate any advice regarding this time-sensitive matter, and I thank you for your time in advance.
