Information urgently needed re. entry possibilities to the U S for my son who will be 14 next year (May/2009)?

Question

pls. guide me with reliable updated info. to help my son join our family in USA. He is a former GC holder and is a brother to a newly born U.S citizen.

He has been a legal permanent resident since he was 5 months old together with his father and my self.

However, when we applied for GC renewal we were not able to add him as he has been living abroad since. It is almost 3 years now since we renewed our Green Cards without him being involved and he is still living abroad.

Meanwhile, I became a mother to a new child and he was born in the U.S. So, my 13 year old son has a brother who is a U.S citizen and also we can now have him back to live with us.

I have 2 questions: 1- is it still possible to apply for renewal with this expired card (for almost 3 years now) or better file a new case for him based on his newly born brother fact? 2- if his card is still valid after those 3 years what type of difficulties are expected to be encountered for entry and how to overcome?

Answer 1

Maintaining Permanent Residence

Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

You may be found to have abandoned your permanent resident status if you:

- - Move to another country intending to live there permanently.

- - Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

- - Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

- - Fail to file income tax returns while living outside of the US for any period.

- - Declare yourself a “nonimmigrant” on your tax returns.

As far as filing for renewal, USCIS has the following information:

" If you are outside of the United States at the time of the card’s expiration, and you have not applied for the renewal card prior to your departure, you should contact the nearest American Consulate, USCIS office, or Port of Entry, before attempting to file Form I-90 for a renewal I-551 card."

Basically, your son's card has exipired. His PR status has not (unless it was conditional, originally). To obtain a new PR card, he (and you) are going to have to work through the US consulate in the country in which he currently resides. The fact that he has a new sibling who is a US citizen is not relevant to the case.

Answer 2

He has been out of the country too long for the green card to be any good.  You would have to apply for him all over again.  Because of a new sibling, this alone is not a reason to have it granted.

Answer 3

Question 1: Why is your son living outside the US?

Question 2: Why did you not apply for a renewal when you applied for your family?

Question 3: Why has your son not been back to the US in 3 yrs?

Fact: Your newborn son has no bearing on your 13yr olds status until the newborn reaches 18.

If the 13yr olds "green card" is still valid he can reenter the US. If you want to chance it, he can come back with the expired one. Regardless, he will be stopped and questioned by Customs Border Protection and  possibly sent to a "Deferred Inspection" where you can state your case. The final outcome will be determined during this deferred inspection. You will either be sent to the immigration judge, who is the only one than can "teminate" a LPR status or you will need to file for a new "green card" on the spot. Either way, your son really should have had a re-entry permit I-131 which allows a LPR to remain outside of the US for up to 2 yrs at a time based on employment, schooling or family issues.