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My sister in law who is a resident, let her resident alien…

My sister in law who...
My sister in law who is a resident, let her resident alien card expire. She is out of the country right now and also has a son that was born in Mexico. How can we get her to renew her card or does she have to apply all over again.
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6/25/2010
Ely
Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 103,583
Experience: Private practice in several areas, including immigration
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Is she in Mexico? When did it expire? How long has she been abroad?





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Customer reply replied 8 years ago
Yes, she is in Mexico and I believe in 2006 it expired and she has been there since 2005
If your permanent resident Green Card expired and you are outside the United States, you can still return if you have not been outside the United States for more than 12 months.SO TELL HER TO GET HER **** BACK HERE. Once she's back, she can file to renew the greencard anyways, even if she's supposed to have done that before it expired. Use link here:http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b3f7ab0a43b5d010VgnVCM10000048f3d6a1RCRDFYI, when she comes in, she'll have to prove ties to the US, so printouts of bank accounts, proof of an address in the US, etc.

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Ely
Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 103,583
Experience: Private practice in several areas, including immigration
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Customer reply replied 8 years ago
What about the son she had there?
Was the son registered with the US embassy? Who was the father - US national or Mexican national? Were/are they married or not?
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Customer reply replied 8 years ago
No, the son was not registered and yes, the father is a mexican national. They are not married.
A child born abroad to one U.S. citizen parent and one alien parent acquires U.S. citizenship at birth under Section 301(g) INA provided the citizen parent was physically present in the U.S. for the time period required by the law applicable at the time of the child's birth. (For birth on or after November 14, 1986, a period of five years physical presence, two after the age of fourteen is required. For birth between December 24, 1952 and November 13, 1986, a period of ten years, five after the age of fourteen are required for physical presence in the U.S. to transmit U.S. citizenship to the child.Depending on these factors, the child is either a citizen automatically or not.If the child fits the criteria, she needs to file and get a CERTIFICATE OF US CITIZENSHIP here:http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD&vgnextoid=a936cac09aa5d010VgnVCM10000048f3d6a1RCRDIf the child is NOT a citizen, she has to file an I-130 for the child.

Best of luck in your matter. I'm here if you need any more clarification or follow up information.



I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work - when you put in your payment information, I receive no credit for my time with you unless you press ACCEPT.



There is no fee for follow up questions should you wish to continue in this thread.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



If you feel that I went an extra step to help, a bonus would be appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to begin the question with “This Question is for Eli…”














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