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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 106291
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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My mother returned to Canada to take care of my grandmother

Customer Question

My mother returned to Canada to take care of my grandmother about 15 years ago and dropped her card in the box at the boarder.
She returned to the US about 10 years ago.
What do we need to do to get her green card reinstated. It was a perment resident and she had lived her for over 50 years., She is 90 years old.
Submitted: 3 years ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 3 years ago.

Hello. Thank you for using our service. All I ask is that before you sign off, you rate me positively. If you are inclined to use the "poor service" or "bad service" options, please ask follow-up questions first and give me a chance. Sometimes the law doesn't have a good solution, but I will try hard to find it if it is available.


Ok, so she turned in her Residency status, then was outside in Canada for 5 years, then came back 10 years ago. How did she enter the U.S. if she did not have her green card status anymore?

Are you a U.S. Citizen now living in the U.S.?


Customer: replied 3 years ago.


Yes I am a US citizen. They did not ask her for any documentation. I don't know what she told them when she entered. I was not with her.

Expert:  Guillermo J. Senmartin, Esq. replied 3 years ago.
She probably just used her passport. Ok. You will need to apply for her to get a new Residency status through you.

You will need to file an adjustment package. This includes the following forms: I-130 (Petition for family member), I-485 (application for Lawful Permanent Residency), I-765 (Application for work permit), I-131 (Application for Advance Parole - but do NOT apply for this with 180 days or more of being illegally in the U.S.), G-325a (Biographic data - one for each of you), I-693 (Medical exam that a certified doctor must fill), and I-864 (Affidavit of support). You will need to file each form with supporting evidence and appropriate filing fees. You can find these forms at www.uscis.gov/forms.

The supporting evidence that you would file would be birth certificates, proof of your U.S. Citizenship, proof of her legal entry into the U.S. (in her case, that is just including a copy of her Canadian passport), and financial documents of yours to prove your income over the last year at least.

In about 3 to 5 months after filing, she should get a work permit. About 5 to 7 months after filing you should get an interview. If all goes well, a few weeks later she should get a Residency status (green card).

Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just go to http://www.justanswer.com/law/expert-guillermosenmartin/. Thank you!

Customer: replied 3 years ago.


She is to old to get a work permit. and why would i need to give my information.


You did not read the question right.

Expert:  Guillermo J. Senmartin, Esq. replied 3 years ago.

I am truly sorry that you rated my service as poor. I think it is just simply either that you do not like the news (which is not my fault), or because you are focused on the "work permit" and nothing else. Of course she doesn't need a work permit, but since it is included in the price of the I-485, she might as well get it because it would give her an ID that she could use for whatever reason to prove that she is under process until she gets her green card. Since there is no additional charge for it, it is only a benefit to her. There is no process to recover her previous Residency because she turned it in AND she was outside for more than one year. She abandoned it and there is no process that exists to recover it. Other than that, I think I clearly answered your question. I sincerely XXXXX XXXXX you re-rate my service as excellent. If not, please ask me additional questions until you are satisfied with my service. I do truly want to help and I want you to be satisfied, but please understand that I can only tell you what the law will allow. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 3 years ago.

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 3 years ago.
Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!