old case: my mother became permanent resident then she returned back her country

[wessam81 0]

my mother became permenant resident at this time my grandmother was ill so my mother returned back to her home country and didnot go back to usa. after that my father became us citizen then he applied for my mother to become permenant resident but they denied her case

what we should? i need ur advice please

[Lingladyinred19 13]

What u mean ur mother already a permanent resident and ur father petition her again for permanent resident?

How long mother stayed outside USA?

[belinda63 3,052]

Why did they deny your mother's case?

[Mark88 184]

How long was your mother outside the US and what was the reason for denaial?

[wessam81 0]

my mother became permanent resident then webt back to her country and never go back to usa

you can say about more than 7 years

then my father submit I-130 and they said that she has alien number so why you submit new I130

[Boiler 46,353]

Did she not officially relinquish her PR status?

[wessam81 0]

she didnot do anything

she just left usa

[Boiler 46,353]

Look into a SB1 Visa.

[Penguin_ie 5,997]

Yes from what little we know, she should look into the returning resident visa Boiler mentions, though 7 years is a long time.

At what stage was she denied? ie by USCIS, at interview? What is the exact wording of the denial letter?

[wessam81 0]

by uscis

they said that according to our records, she has an alien number

according to section 101 (a)(13)© if alien became lawful resident so he cannot ask for admission for immigration unless alien abandoned his case

[Harpa Timsah 13,258]

by uscis

they said that according to our records, she has an alien number

according to section 101 (a)(13)© if alien became lawful resident so he cannot ask for admission for immigration unless alien abandoned his case

I think the mom should just formally relinquish the old card, to overcome this silliness.

She has a GC but she can't use it. It would get taken away the instant she tried to go back to the US, for abandoning residency.

She can try to get a returning resident visa, as Boiler suggests, and argue that she never meant to leave the US for so long. Or, if that isn't true, then she can give up her old GC to get the new visa.

[Mark88 184]

She could try to travel to the US with if her green card is still valid, since the USCIS letter doesn't have any record of her beeing outside of the country. It's a hit or miss though and I personally wouldn't advise it.

[Boiler 46,353]

I think the mom should just formally relinquish the old card, to overcome this silliness.

She has a GC but she can't use it. It would get taken away the instant she tried to go back to the US, for abandoning residency.

She can try to get a returning resident visa, as Boiler suggests, and argue that she never meant to leave the US for so long. Or, if that isn't true, then she can give up her old GC to get the new visa.

It wouldn't, only an IJ can do that and that takes time.

[Harpa Timsah 13,258]

It wouldn't, only an IJ can do that and that takes time.

CBP can take your GC at the border.

Isn't the choice given either that, or sit in deportation jail for a while until an IJ can hear your case?

[wessam81 0]

so she canot go back if so she will enter jail or they will take her old gc and make her to leave usa