Can my foreign mother move back to the United States? 14 Answers as of January 30, 2012

She lost her green card status due to abandonment when she moved back to Portugal and stayed outside the US for so long. She is not going to be able to come back as a green card holder until you petition for her and it is approved. When that happens, she will not be eligible for any assistance; in fact, you would need to sign the affidavit of support on her behalf, agreeing to reimburse the government for any means-tested public assistance she may receive from the government.

You ask a really good question. Many people do not know or do not realize this, but Any time a permanent resident with a green card leaves the U.S. for over one year, that person Abandons their status. They are no longer a resident. The law is clear on that. If you want her to come back, you should file a new petition for her. If, on the other hand, you want her to be able to come and visit, then she should return as a visitor, under the Visa Waiver Program. She can stay up to 90 days as a visitor. If you want to re-immigrate her, then you will have to agree to be financially responsible for her, including medical care.

As a U.S. citizen, you may file an petition with the USCIS to classify your mother as your immediate relative parent. In that regard, she will not be subject to an immigrant visa quota and will process her case through the National Visa Center (in the U.S.) and the U.S. Embassy (in Portugal). You will be required to submit a contractual affidavit of support so there should not be any issue regarding your mother's age or medical insurance. The process is, however, somewhat complex so I suggest that you seek the assistance of an experienced immigration attorney.

Your mother will likely be treated as though she abandoned her permanent residence. Unfortunately, a person who departs the country as a lawful permanent resident and remains out of the country for a protracted period of time is considered to have abandoned their residency. She will likely have to go through the process to obtain residence again. Assuming you are a citizen, you could petition for your mother.