Outside US with expired greencards.. please help

[mrizk]

My parents are greencard holders, they left USA lat time on 2006, the same year of their green cards expiry. They then applied for a transportation letter and got it from the embassy, but my grandma passed away before the travel date so they didn't travel. Then they applied for SB-1 visa but they got refused. Year ago my dad applied for green card renewal through the internet or something and he got accepted and then got a letter for the fingreprints step, but he has to be inside the country to make it and he has no document to enter !!

Can anybody help please as my parents are dying to get into USA, they are threatened and not safe at all in their country.

Thanks for helpers in advance !!

[mickey_mouse]

My parents are greencard holders, they left USA lat time on 2006, the same year of their green cards expiry. They then applied for a transportation letter and got it from the embassy, but my grandma passed away before the travel date so they didn't travel. Then they applied for SB-1 visa but they got refused. Year ago my dad applied for green card renewal through the internet or something and he got accepted and then got a letter for the fingreprints step, but he has to be inside the country to make it and he has no document to enter !!

Can anybody help please as my parents are dying to get into USA, they are threatened and not safe at all in their country.

Thanks for helpers in advance !!

So they've been outside the US for about seven years - that's the bottom line. Hence, they aren't (and haven't been for a long time) legal permanent residents - they lost that status. There's nothing that can be done - and you know that , as they applied and have been denied an SB-1 visa.

Most they could do is to relinquish their green card and the local US embassy, apply at the same time for a B1/B2 visa - which probably won't be granted, as they applied to renew a card for a status they don't hold anymore.

[mrizk]

Thank you for your reply, Mickey Mouse.. Don't you think that if they have lost their status, my dad's request to renew the green card would have rejected !?

So they've been outside the US for about seven years - that's the bottom line. Hence, they aren't (and haven't been for a long time) legal permanent residents - they lost that status. There's nothing that can be done - and you know that , as they applied and have been denied an SB-1 visa.

Most they could do is to relinquish their green card and the local US embassy, apply at the same time for a B1/B2 visa - which probably won't be granted, as they applied to renew a card for a status they don't hold anymore.

[mickey_mouse]

Thank you for your reply, Mickey Mouse.. Don't you think that if they have lost their status, my dad's request to renew the green card would have rejected !?

That's a very good question, and I'll answer it. But before we get to that, let's make something perfectly clear - your parent's aren't, and haven't been for a long time, lawful permanent residents. Let's have that crystal clear in your mind. Please spend some time going over this link - https://www.immihelp.com/retain-greencard-useful-tips/ - specially the section on "Maintaining Permanent Residence".

So with that clear, let's talk about "but then how did the USCIS send them a letter for fingerprints?". That is yet another example of the government's right hand being completely oblivious to what the left hand does. The truth is that the USCIS doesn't track your coming and goings - they actually rely on CBP to do so for them. The CBP POE officer is the one that, every time an LPR reenters the country, has all the information available about when that person left and came back. That's why (and please Google for it) you will find many, many stories like "I came back after 9 months, got a warning from CBP" or "I been leaving and coming back once a year for the last three years - last time my greencard was cancelled" and such. So - USCIS is blissfully ignorant, and may even assume your parents haven't left the US since 2006. So up to that point, you're (so to speak) OK - IF your parents were in the USA, they would be LPRs that "forgot" to renew their greencard - no big deal. Apply for renewal (as they did), get a new one, move on.

But they're outside the USA - and to attend the FP interview they have to come back to the US. And again, let's be clear here - even if they were able to pull that one off, they would be doing something illegal - again, they can't claim to be LPRs when they didn't fulfill the conditions to keep being so.

Anyhow - they need to board a plane to the US, arrive to POE, go thru CBP. And that's your problem, as you stated. No airline will let them board with an expired green card - solution would be to apply at the nearest consulate for a boarding foil - which probably wouldn't be granted, as the consular officer would ask "why didn't you renew your GC before? How long have you been outside the US?". And that option disappeared when they applied for SB-1 - which was denied, as you state. So the consulate probably DID check the CBP records - to find out your parents have been outside the US for almost seven years - hence, no more an LPR.

They COULD try to apply for a B1/B2 visa - in order to travel to the USA - but they will need to surrender their GC. Again, because an LPR doesn't need a visa to travel to the USA (they're assumed to RESIDE in the US). And your parents are already in the system, as they applied, and were denied, an SB-1 visa. So - I don't see a B1/B2 visa in their future, even if they surrendered their GC - they already lied to the consulate.

And even if they did NOT lie on their SB-1 application - again, were they to be granted a B1/B2, they would need to surrender their GC, *relinquishing their status as LPR* - and hence, even if they were to arrive and be admitted to the USA, and show up for the FP appointment - the problem here is that they surrendered their GC - and that information will make it to the USCIS.

Even in the very unlikely scenario where they surrender their GC, get a B1/B2, arrive to the USA, are admitted, attend the FP appointment, are mailed a new GC - they broke the law, as they applied for a benefit (the GC) for which they don't qualify anymore. So now they are criminals - and subject to immediate deportation as soon as the issue is discovered.

Now - is the situation clear to you ?

[mrizk]

Yes, very clear..

Thank you very much for your detailed response, this made it very clear for me. Although very bad news for the family, I had some hope to find a way to get them in the country again.

Many thanks, Mickey !!

That's a very good question, and I'll answer it. But before we get to that, let's make something perfectly clear - your parent's aren't, and haven't been for a long time, lawful permanent residents. Let's have that crystal clear in your mind. Please spend some time going over this link - https://www.immihelp.com/retain-greencard-useful-tips/ - specially the section on "Maintaining Permanent Residence".

So with that clear, let's talk about "but then how did the USCIS send them a letter for fingerprints?". That is yet another example of the government's right hand being completely oblivious to what the left hand does. The truth is that the USCIS doesn't track your coming and goings - they actually rely on CBP to do so for them. The CBP POE officer is the one that, every time an LPR reenters the country, has all the information available about when that person left and came back. That's why (and please Google for it) you will find many, many stories like "I came back after 9 months, got a warning from CBP" or "I been leaving and coming back once a year for the last three years - last time my greencard was cancelled" and such. So - USCIS is blissfully ignorant, and may even assume your parents haven't left the US since 2006. So up to that point, you're (so to speak) OK - IF your parents were in the USA, they would be LPRs that "forgot" to renew their greencard - no big deal. Apply for renewal (as they did), get a new one, move on.

But they're outside the USA - and to attend the FP interview they have to come back to the US. And again, let's be clear here - even if they were able to pull that one off, they would be doing something illegal - again, they can't claim to be LPRs when they didn't fulfill the conditions to keep being so.

Anyhow - they need to board a plane to the US, arrive to POE, go thru CBP. And that's your problem, as you stated. No airline will let them board with an expired green card - solution would be to apply at the nearest consulate for a boarding foil - which probably wouldn't be granted, as the consular officer would ask "why didn't you renew your GC before? How long have you been outside the US?". And that option disappeared when they applied for SB-1 - which was denied, as you state. So the consulate probably DID check the CBP records - to find out your parents have been outside the US for almost seven years - hence, no more an LPR.

They COULD try to apply for a B1/B2 visa - in order to travel to the USA - but they will need to surrender their GC. Again, because an LPR doesn't need a visa to travel to the USA (they're assumed to RESIDE in the US). And your parents are already in the system, as they applied, and were denied, an SB-1 visa. So - I don't see a B1/B2 visa in their future, even if they surrendered their GC - they already lied to the consulate.

And even if they did NOT lie on their SB-1 application - again, were they to be granted a B1/B2, they would need to surrender their GC, *relinquishing their status as LPR* - and hence, even if they were to arrive and be admitted to the USA, and show up for the FP appointment - the problem here is that they surrendered their GC - and that information will make it to the USCIS.

Even in the very unlikely scenario where they surrender their GC, get a B1/B2, arrive to the USA, are admitted, attend the FP appointment, are mailed a new GC - they broke the law, as they applied for a benefit (the GC) for which they don't qualify anymore. So now they are criminals - and subject to immediate deportation as soon as the issue is discovered.

Now - is the situation clear to you ?

[mickey_mouse]

Yes, very clear..

Thank you very much for your detailed response, this made it very clear for me. Although very bad news for the family, I had some hope to find a way to get them in the country again.

Many thanks, Mickey !!

You're welcome. One last thing - in your original post you said the following:

Can anybody help please as my parents are dying to get into USA, they are threatened and not safe at all in their country.

If they can actually substantiate that concern (ie: your parents are being prosecuted due to their religious beliefs, your parents have been victim of attacks due to their political views, etc) you COULD try to apply as a refugee/ask for asylum. However, you will need, as said before, to substantiate the claim.

[hope123]

You're welcome. One last thing - in your original post you said the following:

Can anybody help please as my parents are dying to get into USA, they are threatened and not safe at all in their country.

If they can actually substantiate that concern (ie: your parents are being prosecuted due to their religious beliefs, your parents have been victim of attacks due to their political views, etc) you COULD try to apply as a refugee/ask for asylum. However, you will need, as said before, to substantiate the claim.

Yes, I agree with mickey mouse on this one. !! Don't worry, there's always hope and I don't mean me..lol!

[mrizk]

I believe they have to be inside the country to apply for the asylum, right ?

and one last small question.. I heard there are other places outside the country (like some US consulates around the world) where they can make the fingerprint step, and hence finish the greencard renewal process. Any idea if this could work !!

You're welcome. One last thing - in your original post you said the following:

Can anybody help please as my parents are dying to get into USA, they are threatened and not safe at all in their country.

If they can actually substantiate that concern (ie: your parents are being prosecuted due to their religious beliefs, your parents have been victim of attacks due to their political views, etc) you COULD try to apply as a refugee/ask for asylum. However, you will need, as said before, to substantiate the claim.

[mino]

Hey there I've a similar situation here my mother in law got a green card in 1993 she has been in Pakistan since 2003 never got her gc renewed. Now she wants to come to the US,any suggestions?

[mickey_mouse]

I believe they have to be inside the country to apply for the asylum, right ?

and one last small question.. I heard there are other places outside the country (like some US consulates around the world) where they can make the fingerprint step, and hence finish the greencard renewal process. Any idea if this could work !!

Not necessarily.

And yes, they do FP outside of the US - but not for I-90.

[mrizk]

Good..
So they can still make the fingerprints without entering the country, and get their greencards renewed !!
What is I-90 ?!

[mickey_mouse]

Good..
So they can still make the fingerprints without entering the country, and get their greencards renewed !!
What is I-90 ?!

I-90 is the form you use to renew your green card/replace a lost green card/etc

So yes, they DO FP for *other* forms - not for I-90. So no, they can't do FPs for their scenario outside the country. Search for "uscis fingerprint outside usa"