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