QUESTION
How will she be able to come back to the US and do I need to petition her?
Asked on Aug 31st, 2016 on Immigration - New York
More details to this question:
My mother came to the US about 20 years ago and was a green card holder. Then she went back to the Philippines within a year of being in the US to care for her sick father for a couple of years until he passed away.
2 ANSWERS
Sorry to learn of your grandfather's illness and death. Because your mother resided outside of the U.S. for more than a year, she will be deemed to have abandoned her residence in the U.S. and her status as a Permanent Resident. It will be necessary for her to initiate a new petition, whether based upon your sponsorship or any other eligible visa process. It would be wise for you and your mother to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies and could offer legal representation in the application process.
Answered on Oct 03rd, 2016 at 4:02 AM
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If her father died recently, she might be able to reinstate her green card if she would prove that she never intended to abandon her residence in the U.S., went to the Philippines to care for her father and did not expect him to last all these years. If the father died 17-18 years ago, and your mother did not try to return to the U.S. all this time, your only way to bring her back is to file an immigrant petition.
Answered on Sep 27th, 2016 at 6:25 PM