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Is it possible to restore permanent residency without going through a new petition?
Anonymous2 views5 answers
My mother, who was a US resident for over 25 years, could not return to the US within the stipulated period due to illness. She applied for a visa to come back to the US and was denied. What are her options for returning to the US?
How long ago was it that she was not able to return to the US . . . . ? In these types of abandonment of residence issues, I've been successful proving that the person has not abandoned due to extenuating circumstances. It sounds as if your mother had extenuating circumstances. Please provide a chronology and time periods.
If she was already denied a returning resident visa, a relative petition should be filed for her to immigrate to the US. She will need to consular process when the relative petition is approved.
It would have depended on other information including how long she was out, how long ago, and other issues. I've been very successful with showing the client did not abandond residency, especially in such situation where there was an illness. However, because she already applies for a returning resident visa, and it was denied, she needs to start over and consular process for a new visa. By the way, I have been told by consular officers that those visa are almost never granted. It is always much better to work with an experienced immigration lawyer before doing anything rather than after it is denied.
