When she tried to re-enter, they asked her to give up her greencard. She did and now she came back and wants to live here permanently. Her mother was the original petitioner, now she is over 21 and married with 3 children born outside of the US. Can she adjust her status in the US since she did have permanent resident status at one point or does she have to go back to her country and adjust through the consulate. It would be very hard on her to have to leave. She should have never abandoned her status in the first place, but people do foolish things sometimes. My questions is, can she adjust again in the US and will USCIS take into consideration that she had a permanent resident card a few years ago?
Answer:
A Permanent resident card means exactly that...Perm residency...It means she plans on making the US her perm home...but when she stayed out of the country for over a year, it said to the USCIS that she wasnt on intending to be a perm resident. She also could have gotten permission from USCIS to stay out of the country for more than a year as well to have avoided this.
She can re-apply again, but someone will have to petition for her and this time because she is over 21 it may take a long time like several years to do so...her best bet is to check with the USCIS for her best options.btw, it is the USCIS's discretion to accept her or not because of her inability to maintain the status of her green card.
If it were me, i would pay for a consult with an immigration attorney. It sounds like she might need professional help to fight this. Good luck!!
She did something foolish and now she has to pay the price for her decision. Oh well.
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