QUESTION
Do I apply for the same I-130 petition for my mother?
Asked on Mar 14th, 2014 on Immigration - Texas
More details to this question:
I'm trying to find some answers if anyone else gone through this situation. I'm a U.S. citizen and applied for my mother through I-130. She came in 2010 and took the re-entry permit but did not come back before it expires. Now the re-entry permit is expired for one and a half years and she wants to come live here permanently. Should I apply I-130 just like I applied before with same documents? What should I do with her green card and re entry? Please I want some answers if anybody has had that situation. I don't want to waste more time.
3 ANSWERS
Adebola O. Asekun
If she has remained outside United States past the period allowed by her Re entry period, it appears she may have lost her residency. You should file a new I-130 petition with CIS with
Answered on Mar 17th, 2014 at 4:52 AM
She may have lost her green card status due to abandonment if she was out of the US for so long. You can inquire with the USCIS and/or Embassy in the country where your mother resides but plan on starting the process all over again with the I-130 petition.
Answered on Mar 17th, 2014 at 4:52 AM
Immigration Attorney serving Arlington, TX
at
Law Office of Pho Ethan Tran, PLLC
Update Your Profile
Since your mother has been living abroad for more than one year, it is possible that your mother's lawful permanent resident status may have been deemed abandoned. In which case, you will need to start the immigration process for your mother again by submitting another I-130 petition.
Answered on Mar 14th, 2014 at 1:00 PM