My aunt would like to enter the us

[r and m 0]

I have a question. can someone please help me my aunt was married and she came to the u.s with a green card she gave brother to 3 kids in the u.s and then she went back to her home country with her husband.. Problems started and he divorced her and took her green card for so long it's expired now . Her husband is now dead and the embassy know he is dead his family gave her all her and her kids papers. Hr daughter which is 19 or 20 would like to apply for her mom can she and what papers would she need. Or to you think the embassy would renew her card

[aaron2020 11,651]

Since she has been gone for so long, her green card has been abandoned and is no longer good. The US government will not renew it.

If her daughter is a US citizen, then she petitions her mother with form I-130. Read the Guides on site.

If her daughter is a green card holder, then she cannot help her mother.

[Merrytooth 5,748]

I have a question. can someone please help me my aunt was married and she came to the u.s with a green card she gave brother to 3 kids in the u.s and then she went back to her home country with her husband.. Problems started and he divorced her and took her green card for so long it's expired now . Her husband is now dead and the embassy know he is dead his family gave her all her and her kids papers. Hr daughter which is 19 or 20 would like to apply for her mom can she and what papers would she need. Or to you think the embassy would renew her card

The green card should have long expired and abandoned if she has not maintained permanent residency in US.

Maintaining Permanent Residence

You may lose your permanent resident status (green card) if you commit an act that makes you removable from the United States under the law, as described in Section 237 or 212 of the Immigration and Nationality Act (INA) (see the “INA” link to the right). If you commit such an act, you may be brought before an immigration court to determine your right to remain a permanent resident.

Abandoning Permanent Resident Status

You may be found to have abandoned your permanent resident status if you:

• Move to another country intending to live there permanently
• Remain outside of the United States for more than 1 year without obtaining a reentry permit or returning resident visa. However, in determining whether your status has been abandoned, any length of absence from the United States may be considered, even if less than 1 year
• Remain outside of the United States for more than 2 years after issuance of a reentry permit without obtaining a returning resident visa. However, in determining whether your status has been abandoned any length of absence from the United States may be considered, even if less than 1 year
• Fail to file income tax returns while living outside of the United States for any period
• Declare yourself a “nonimmigrant” on your tax returns

Assuming her daughter is US citizen, she could only file for her mother when she has reached 21 years old.

Read the guides here:

http://www.visajourney.com/content/immigration-parents-overview

http://www.visajourney.com/content/immigration-parents

[r and m 0]

Her daughter is a u.s citizen

[aaron2020 11,651]

Her daughter is a u.s citizen

Cool. When her daughter turns 21 years old, she can petition for her mother.

The immigration process will take a year for a visa.

Edited May 16, 2013 by aaron2020