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Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28073
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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My mom was outside in the USA 2 years I want her to go come

Customer Question

my mom was outside in the USA for almost 2 years I want her to go come back for emergency because my husband is very ill in I need her very much ..but the problem is she did not apply for re entry permit what will I do. thank you
Submitted: 4 months ago.
Category: Immigration Law
Expert:  Judith replied 4 months ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.First I am sorry about your husband's serious illness.

When your mother left did she have a ticket to come back?

Was she planning on returning?

What was her intention when she left and did something happen in her country that made her change her plans and require her to stay, such as an illness or death there?


Customer: replied 4 months ago.
My mom has no ticket. Yes ma'am she has plan. She left because her dad my grandpa was very ill until he pass away ..
thank you
Expert:  Judith replied 4 months ago.

OK she went to take care of her father. How long was he sick before he passed away?

When did she leave - date?

When did he die - date?


Customer: replied 4 months ago.
It's been a year. I'm not sure October2013
Her dad passed away July 2014
Expert:  Judith replied 4 months ago.

Thank you. The problem is she waited so long after her father passed to want to come back. She has been out of the US for nearly 3 years and because her father died 2 years ago it is unlikely that the US Embassy will issue her a returning resident visa - SB1 visa.

If her card is not expired she can use it to board a flight and come here.

When she gets to the port of entry they will send her to secondary inspection and try to get her to sign a document to voluntarily abandon her resident card. She should refuse and demand to see an immigration judge.

The burden is on USCIS to prove she abandoned her status.

She can show that she intended to come back and the medical records of her father and his death certificate to the judge and say she had to stay and take care of him and then settle his affairs related to his estate in his country and that took time.

She would say she never intended to not come back, that she has family here and it was always her intent to return to the US to be with them but she had to do her duty.

She can only do this if her resident card is not expired and she should get a lawyer to help her with her defense in the immigration court.

Under no circumstances should she give up her card to the Customs officer when she gets here without them paroling her in for a hearing before a immigration judge.

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