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Filed: IR-1/CR-1 Visa Country: Colombia
Timeline
Posted

This is for a friend of mine. My friend is a USC, her mother had a LPR status, had 2 babies (one of them my friend) but, went back to her country for many years, she understood her status was probably treated as abandonment so, she applied for a tourist visa and, she got it. that is how she is traveling in to the country now to visit my friend and her grandson. Now she retired and wishes to be close to family. My friend asks if would it be possible to reassume her mother's previous status as LPR or should my friend just reapply for a new green card and, if she should reapply would the process be the same? (filing I-130, NVC, etc.) or is she supposed to use different forms since her mother already had a green card. My friend  and her sister both live and work in the US for several years now and have the financial means to sponsor their mother.

Thank you for your responses

Filed: Citizen (apr) Country: Russia
Timeline
Posted

The fact that the mother applied for an received a B2 visa would seem to indicate she no longer has LPR status.  I think a new I130 petition is necessary here.

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

Posted
51 minutes ago, gstrength said:

This is for a friend of mine. My friend is a USC, her mother had a LPR status, had 2 babies (one of them my friend) but, went back to her country for many years, she understood her status was probably treated as abandonment so, she applied for a tourist visa and, she got it. that is how she is traveling in to the country now to visit my friend and her grandson. Now she retired and wishes to be close to family. My friend asks if would it be possible to reassume her mother's previous status as LPR or should my friend just reapply for a new green card and, if she should reapply would the process be the same? (filing I-130, NVC, etc.) or is she supposed to use different forms since her mother already had a green card. My friend  and her sister both live and work in the US for several years now and have the financial means to sponsor their mother.

Thank you for your responses

She has to reapply.

Filed: K-1 Visa Country: Wales
Timeline
Posted

yes

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted

If she was issued a B1/B2 visitor visa without being made to sign an I-407 that formally abandons her status…then the Consulate did not know ( or was not told) such status existed….it happens. 
 

it is also not unheard of for people to simply file an I-90 renewal , go for Biometrics and get a new card…and of course no travel until card is on hand. 

Filed: Citizen (apr) Country: Russia
Timeline
Posted
8 hours ago, Family said:

If she was issued a B1/B2 visitor visa without being made to sign an I-407 that formally abandons her status…then the Consulate did not know ( or was not told) such status existed….it happens. 
 

it is also not unheard of for people to simply file an I-90 renewal , go for Biometrics and get a new card…and of course no travel until card is on hand. 

Doesn't the DS160 ask if a B2 applicant was ever issued a visa to the US, and has anyone ever previously petitioned the B2 applicant for an immigration visa?  I am sure errors occur, but in this case we are getting the story 3rd hand, so it is possible the mother did in fact sign an I407 when applying for the B2.  The other options are the mother did not disclose they previously held LPR status, or a previous IV to the US, or the CO reviewing the B2 application was completely inept.

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

 
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