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My brother came with his fmily in 1998 july as as an ...

Sent to Legal Experts December 07 12:30 PM

My brother came with his fmily in 1998 july as as an immigrant with greencard. His daughter was 12 years old. they went back to india since she is studying there. but my niece (brothers daughter) kept the greencards while comming to USA every year. Her green card has an expiry date of July 28, 2008. She is going to apply for renewal. My bother and sister-in law surrendered their green cards 6 months ago since it is too expensive to come here. their son is a us citizen. he cn apply for them again. MY QESTION is my niece has come with her father and I applied for my brother and he surrendeed his greencard, how it will effect her renewal ? She is 21. If she applies for renewal and dinied what her options. She is finishing her dental scool in I ndia a in 2010 and want to come and further studies here. PLease need advise As soon as ossible. She is leaving for India on December 10th 2007 and want come and apply in January 2008 for the Green card REnewal. Please HELP. THank YOu

 

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Arcadia, California

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Customer (name blocked for privacy)
Status:  Closed   Value: $30
Answer
December 7 2:00 PM (1 hour and 29 minutes and 26 seconds later)
         
REPLIEDCheck Mark

Dear Customer (name blocked for privacy),

For future information, if you surrender a green card, then you have to start all over again. If you do not surrender it,and simply do not return to the us for a time, you have conditions and a chance to allow you to come back into the country as a returning resident. If someone adviced any of your family to surrender the green card, it was not the best advice they could have received. The damage is done now.

Surrendering a green card does not diminish your potential to get a new green card. It is just that you have to go through the process again.

When you say renewal, I need to know what you mean. The langauage is not translating here.

If the brother is sponsoring her, and he surrendered his green card, then he can not sponsor her for a green card, because he is no longer a permanent resident.

If she is applying for re-entery as a returning resident, it has no effect.

 



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Edward M. Johnson
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Ed Johnson -- International HR Consultant -- 99% Positive Feedback on 3290 Legal Accepts
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Reply
December 7 2:14 PM (14 minutes and 2 seconds later)
         
Reply to Ed Johnson's Post: Dear sir: Replacement of my niece's greencard since it has an expiry date of July 28, 2008. It is not renewal. I applied for for my brother and family originally for greencard. My brothers daugter came along with them witha geencard in 1998. I applied my brother as a blood relative. and his family followed hi. My brother sureedered his greencard. My niece has her card

Edited by Customer (name blocked for privacy) on December 7 2007 at 2:18 PM
Customer (name blocked for privacy)
Info Request
December 7 2:16 PM (2 minutes and 43 seconds later)
         
REPLIED to Info RequestCheck Mark

Has she broke residency?

 



YOUR PAYMENT AND BONUS IF ANY MAY BE TAX DEDUCTIBLE

Edward M. Johnson
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Ed Johnson -- International HR Consultant -- 99% Positive Feedback on 3290 Legal Accepts
GPHR cer BS, U.S.C. Pueblo; Immigration Law by Am. Mngmnt Association & USCIS Bus. Liaison ofc 1999
Reply
December 7 2:24 PM (7 minutes and 28 seconds later)
         
Reply to Ed Johnson's Post: No. She is comming here as required and she has a valid greencard. She is studying in India. My question specificalli my brother returnining his greencard has any bearing for niece's replacement greencard since it has an expiry date and she came as dependendent when she got her greencard.

Edited by Customer (name blocked for privacy) on December 7 2007 at 2:25 PM
Customer (name blocked for privacy)
Answer
December 7 2:32 PM (8 minutes later)
         
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Ed Johnson -- International HR Consultant -- 99% Positive Feedback on 3290 Legal Accepts
GPHR cer BS, U.S.C. Pueblo; Immigration Law by Am. Mngmnt Association & USCIS Bus. Liaison ofc 1999
Reply
December 7 3:09 PM (37 minutes and 41 seconds later)
         
ED: I sponsered my brother and his daughter came as his dependent at that time. Inthe original application 10 years ago all the names were there. Still I am confused i regarding her replacement greencard. when she applies does the immigration looks as my brother as her sponser since he came as his chaild and sposered my brother. or it is now no point since she is 21 years now. even thouh my brother surrendered his green card. please help to answer this question
Customer (name blocked for privacy)
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December 7 3:23 PM (13 minutes and 33 seconds later)
         
ED: I sponsered my brother and his daughter came as his dependent at that time. Inthe original application 10 years ago all the names were there. Still I am confused i regarding her replacement greencard. when she applies does the immigration looks as my brother as her sponser since he came as his chaild and sposered my brother. or it is now no point since she is 21 years now. even thouh my brother surrendered his green card. please help to answer this question
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Answer
December 7 3:28 PM (4 minutes and 43 seconds later)
         
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December 7 4:15 PM (47 minutes and 17 seconds later)
         
ED: sorry for the trouble. In your reply you said"

From what you are saying, your daugher is sponsored by her fatherIt is not true. I sponsered my brother along with his family. My brothers daughter who is minor came along with him. They left for India since she is studying there. My niece came here every year to keep her legal status. Now her geencard is going for renewal. My brother meanwhlie surrendered his greencard, since he can not efford to come here every year;still my question is is my brother surrendering his Greencard any beraring for reneawal of my nieces greencard now? That the question. I applied for my brother and his family. They came in 1998 after getting their Greencard they left for India. Howevermy NIECE kept her Permanand Status active.   
"
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December 7 4:25 PM (10 minutes and 19 seconds later)
         
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Reply
December 7 5:40 PM (1 hour and 14 minutes and 50 seconds later)
         
ed thank u we r almost there.. i did apply I-130 for my brother only not for his daughter 1980.i filled form I-864[AFFIDAVIT OF SUPPORT UNDEAR SECTION 213A OF THE ACT] IN 1998 FOR THE WHOLE FAMILY INCLUDING MY NIECE .. I MAKE THIS POINT EVIDENT HERE THAT HER NAME IS LISTED ON I-864.AND MY BROTHER DID NOT FILL I 130 FOR HIS DAUGHTER..PLZ UPDATE TOUR ANSWER.

DO WE HAVE TO SUBMIT THE GREEN CARD WITH I-90 APPLICATION.

Edited by Customer (name blocked for privacy) on December 7 2007 at 7:21 PM
Customer (name blocked for privacy)
Answer
December 8 10:08 AM (16 hours and 27 minutes and 44 seconds later)
         
ACCEPTEDCheck Mark

Dear Customer (name blocked for privacy),

Thank you. With this updated information, you should have no issue with regard the financial responsibility.

She is in my opinion, now issue free.

She is entiteld to apply for the renewal of her green card, and doe s not have to worry about any encumberance. The fact that her father surrendered his green card, is of no consequence to her case.

You would remain financially responsible for her in regard to public assisstance programs until she becomes a citizen or works 40 quarters.

When she submits the I-90, she SHOULD NOT send in her current card until USCIS asks for it, which would only happen when she goes for an interview to get the new card.

She should submit a copy of the card along with her I-90.



YOUR PAYMENT AND BONUS IF ANY MAY BE TAX DEDUCTIBLE

Edward M. Johnson
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Ed Johnson -- International HR Consultant -- 99% Positive Feedback on 3290 Legal Accepts
GPHR cer BS, U.S.C. Pueblo; Immigration Law by Am. Mngmnt Association & USCIS Bus. Liaison ofc 1999
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