How do I reapply for a green card? 5 Answers as of June 06, 2011

My mother went outside the United States while her case was pending. It hasn't been a year yet, but I was told that she has abandoned her petition by leaving the U.S. What do I need to do to bring her back to the United States? Do I have to reapply for her green card from step 1?

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World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
Starting over would normally be the process. It is not necessarily clear that her application has been deemed abandoned. Sometimes USCIS will look the other way and let it go. If she is from a Visa Waiver country (she does not need a visa to come to the US), then let her come back and continue the process and see what happens. Since the new passports are coded and swipe-able, it may be that USCIS has a record of her exit during the pendency of her application. I wish you luck!
Answer Applies to: California
Replied: 6/6/2011
Fong & Associates
Fong & Associates | William D. Fong
It sounds like she left the US during the application for adjustment of status, but did not have her advance parole travel authorization; is this correct? What is the basis for her permanent residence, did you file for her?
Answer Applies to: Texas
Replied: 6/6/2011
Lyttle Law Firm, PLLC
Lyttle Law Firm, PLLC | Daniella Lyttle
If you are a U.S. citizen you can start the process again. You should hire a lawyer for this, especially since it is the second time.
Answer Applies to: Texas
Replied: 6/3/2011
Eric M. Mark, Attorney at Law
Eric M. Mark, Attorney at Law | Eric Mark
You might. More specifics about you and your mother are necessary. If she traveled without permission and cannot return, you likely will have to start again. If she can return before an interview, she may not have abandoned the petition. Call me for a consultation and we can figure it out.
Answer Applies to: New Jersey
Replied: 6/2/2011
Immigration Law Offices of Misiti Global, PLLC.
Immigration Law Offices of Misiti Global, PLLC. | Nicklaus Misiti
It sounds like you need to reapply but speak to an immigration attorney directly. For a free consultation you may contact my office.
Answer Applies to: New York
Replied: 6/2/2011
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