By Debbie McGoldrick

OId Green Card

“IN the early 1990s I got a Donnelly visa. I went to the U.S. and worked for a couple of years. My parents both became sick and I had to go home to nurse them. They both died within a couple of years. I would love nothing more than to return to the U.S. where I have many friends and relations. I would love to live and work there permanently. Are my green card chances gone completely out the window because it has been so long? Should I just reapply for the annual diversity visa lottery, or is that pie in the sky?”

THE Donnelly green card you won in the 1990s is well and truly expired at this stage. As you’ve resided outside the U.S. for more than a decade, there’s no way you’d be able to do anything at this stage to revalidate it.

As far as the annual DV-1 diversity visa lottery, certainly you should apply, but like you say it’s a longshot proposition at best, as millions of people from around the world compete for the 50,000 green cards on offer. Perhaps you’ll get lucky, but the odds are stacked against you.

You should look into possible employment/educational sponsorship possibilities, as that’s the only way you’ll be able to legally emigrate if you are not successful in the lottery. You mention U.S. relatives, but the only one who would be able to help you secure status here would be an American husband which you obviously don’t have.

Attention all green card holders, yet again - if you’re going to be out of the U.S. for at least a year, make it a top priority to apply for an I-131 reentry permit with USCIS before you depart. The permit will allow for an absence of up to two years, and it can be renewed for a further two years once the holder returns to the U.S.

The re-entry permit wouldn’t have helped this week’s questioner as the period of residence outside the U.S. was far too long, but still, it’s something to keep in mind if an extended period of absence is on the horizon.

Sponsoring Mother

“I AM writing from a Chicago suburb. I am married to an American citizen for almost three years, and plan on applying for U.S. citizenship as soon as I can next year. My mother is 69 years old, back in Ireland and in good health. She is there on her own pretty much, and loves the U.S. Can my husband act as a green card sponsor for her, as I won’t be able to sponsor her until I’m a citizen? We have heard this won’t be possible, but is there anything he can do in the meantime for her?”

THERE really isn’t, as U.S. immigration law doesn’t provide for in-law sponsorship.

Once you become a citizen you will be able to sponsor your mother as an immediate relative, which means the processing time will be significantly shorter compared to the other family preference categories - expect the wait to be somewhere in the region of six months to a year.

You will not be able to start the sponsorship process until your citizenship case is finalized. Once that happens, you’ll notice that one of the documents you’ll need to complete is an affidavit of support, which confirms that you will assume any financial responsibilities should your mother fall into difficulties, such as medical, welfare, etc.

Your husband will be able to act as a co-sponsor of the affidavit, but that’s about all he’ll be able to do in your quest to secure status for your mother.

It’s a big move to make at the age of 69. Remember to look into such issues as health insurance - so critical in the U.S. - and the transfer of any pension money she receives at home. As far as the latter, the Irish Embassy’s website at www.irelandemb.org should provide useful assistance.