F2B interview, case denied!

[Rezahoss 11]

Hi,

My sister just had her interview (my mother, Green Card holder is the petitioner), and was denied a visa because my mother has been out of US for almost 3 years. They told her that her case is still open and she shouldn't apply for any other visa to enter US. What does this mean, and what can we do?

[belinda63 2,981]

It means her mother had no grounds to petition her because 1. her green card has been abandoned and 2. there is no family reunification because the mother does not live in the US.

[Rezahoss 11]

That I understand! But why they have kept her case open? And what can we do at this point to bring her here?

[aaron2020 11,651]

Hi,

It means your mother has abused her green card by not living in the U.S. like she is suppose to.

Family based immigration is about family reunification. No reason to give your sister a visa when your mom does not live here.

Mom needs to live in the U.S. if she wants her daughter to get a green card.

[aaron2020 11,651]

That I understand! But why they have kept her case open? And what can we do at this point to bring her here?

Mom needs to move to the U.S. and live here.

The case is being kept open to give your mom the opportunity to comply with the requirements to maintain her LPR status so that her daughter may get a visa.

LPR mom living outside the U.S. = no visa for daughter.

LPR mom living inside the U.S. = visa for daughter

[Rezahoss 11]

My mother is planning to come back to the US in a couple of week. How long will they keep my sister's case open? Do we need to re-apply?

[belinda63 2,981]

Your mom MIGHT be coming back to the US to live. She might not depending on how long she has been outside the US and if it is determined she has abandoned her green card. If she returns to the US to live she would need to submit to the embassy proof she lives here and is not just visiting. That would be things like proof of domicile, driver's license, bank accounts, employment, school, filing US taxes, etc.

[Rezahoss 11]

Thanks Belinda! She is over 65, does not work, and I have been filing taxes for her. She used to live with me until I got married. What proofs does she need to establish? How long after she has returned do we need to contact embassy?

[aaron2020 11,651]

You need to talk to an attorney.

Situations like yours are rare.

Since the U.S. Embassy has flagged your sister case because your mother is not maintaining her LPR status, she could be referred to an immigration judge when she try to enter the U.S.

This may not be a simple fix. There may be consequences for your mother.

Go talk to a competent lawyer.

[Rezahoss 11]

Thanks Aaron! I will do that!

[Rezahoss 11]

Do we need to contact the embassy to let them know that the petitioner is here in the US after she comes back? How will my sister get another interview date?

[apple21 953]

Do we need to contact the embassy to let them know that the petitioner is here in the US after she comes back? How will my sister get another interview date?

Once you have the proof of residency, contacting the embassy should be easy. Everything can be done thru email and phone.

What you need to focus on right now is your mother gaining admission into the US. That's the biggest hurdle you have to overcome IMO. Fix her residency first.

Maybe mom needs to apply for an SB-1 returning resident visa.

Edited August 12, 2015 by apple21

[belinda63 2,981]

If your mother gets here she needs to contact the embassy and they will probably ask for proof that she is living here such as what I mentioned earlier. BTW what paper was your sister given? What exactly does it say?

Edited August 12, 2015 by belinda63

[Rezahoss 11]

Thank you Apple21!

[apple21 953]

Check the SB-1 returning resident visa as well. Mother may need that.