My mom had green card for 10 years but she didn't know it's already expired on 12/27/2012.
Therefore, she applied to issue transportation letter from US immigration center to enter US.
But the problem is my mom didn't live in US more than 2 years for 10 years.
So they requested to proof residence of us such as residential lease contract under my name or monthly utility bill & tax return copy since 2009.
But she doesn't have any of those document.
What does she need to do? I'm talking with them by email directly. I'm not sure What I need to reply to this question.
Here's last email from them.
Under the current US immigration law, it is applicant’s burden to provide any evidence that may overcome any potential ineligibility issues.
In general, applicants provide homeowner’s insurance receipt if they own the residence in the US, or monthly utility bills, if it is rental place, for their residence for the time they were away from the US.
If you cannot provide requested document, please let us know. We can still reschedule interview with the adjudicating officer.
Thank you.
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If your mother stayed in Korea for one year or longer in one continuous trip, your mother’s “green card” (permanent resident status) is invalidated and it will be the Dept. of Homeland Security’s (DHS) position that she abandoned her residency here. However, even if her one continuous stay did not exceed one year, the DHS can still find that she had abandoned her residency.
In either case, she will have to go through the “Returning Resident” application (Form DS-117) and she will have to convince the DHS that her lengthy stay in Korea was for reasons BEYOND HER CONTROL and that she always had the intent to return and reside here in the U.S.
The document she was requested to submit is part of her such application. The key factor here is whether the lengthy stay in Korea was UNINTENDED for reasons BEYOND HER CONTROL. Evidence will be medical records for the treatment she received during her stay in Korea, while maintaining her residence here in the U.S. by providing utility bills, housing, driver’s license, car registration, financial/tax records, insurances, etc.
If she cannot provide documents to the DHS satisfaction, she will lose her permanent resident status. However, that does not prohibit her from applying for a brand new “green card” from scratch as a mother of U.S. child, or spouse.
김영옥변호사그룹|01/17/2013 01:40 pm
