QUESTION
Is my grandmother subject to a 10 year bar because she left the US and went back home?
Asked on Oct 23rd, 2012 on Immigration - California
More details to this question:
My dad, as a citizen applied for my grandmother back in the 90's she came to the US and stayed for a few months but decided to go back to her country. Is she subjected to the 10 year bar? Since her health is deteriorating rapidly, we would like to bring her back so we can take care of her. Will my dad be able to apply for her again? Can you just tell me the process is it just the form I.130 and the process continues from there? If she is barred, can you advise us on the best method we can take to bring her with us asap.
4 ANSWERS
Rebecca T White
That would depend upon whether she had time in unlawful status or not. It sounds as though perhaps she did not.
Answered on Oct 24th, 2012 at 1:17 PM
She is not barred from reentry if she left the US but was lawfully present in the US prior to leaving. Your father would need to petition for her again and the process will take about 9-12 months. It is the I-130 petition. Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
Answered on Oct 24th, 2012 at 1:16 PM
Probably not if she was here legally (with a green card?) or less than 180 days and entered without inspection? The first step is the I-130.
Answered on Oct 24th, 2012 at 1:16 PM
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Sheppard Mullin
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Even she is subject to the 10 year bar, she has been outside of the US for more than 10 years so the issue is moot.? It is unclear if she had green card in the 90's. In any event she probably needs new petition. Your father should file new I-130 and once approved, go through the consular processing procedure.
Answered on Oct 24th, 2012 at 1:16 PM