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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28209
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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My niece is a us citizen; her father has a card. seven years

Customer Question

my niece is a us citizen; her father has a green card. seven years ago my niece father went to Cambodia and stay there. his green card is taking away by INS. now her father come back with the tourist visa. my niece want to get the green card back for him. what does she need to do ?
Submitted: 1 month ago.
Category: Immigration Law
Expert:  Judith replied 1 month ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

Your niece may file a new I-130 petition and her father may file the adjustment of status here in the US and he is allowed to remain in the US beyond his visitor status while he waits for approval of his new green card.

Basically it is starting all over again fresh:

Here is what you will need: Find instructions for each here:

http://www.uscis.gov/forms

I-130 Immigrant Petition (signed by US citizen daughter)

I-485 Application for Adjustment of Status (signed by alien)

I-765 Employment Authorization Application (signed by alien)

I-131 Application for Travel Document (signed by alien- this document permits alien to travel during the pendency of their "green card" case)

G-325A Biographic Sheet (one for alien )

G-1145

A medical examination in a sealed envelope performed by a civil surgeon (find one here: https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV

I-864 Affidavit of Support

Six passport size photos of alien

Copy of alien’s passport including all blank pages and I-94

Copy of US citizen birth certificate, natz cert or passport

Copy of daughter"s birth certificate

Copy of any divorce decrees (father)

Copy of marriage certificate father and daughter

One check for the I-130 in the amount of $420

One check for the I-485/765/131 in the amount of $1,070

The packet get filed at the PO box on the instructions

http://www.uscis.gov/files/form/i-485instr.pdf

You can read about the process at this site

http://www.uscis.gov/green-card/green-card-through-family/green-card-immediate-relative-us-citizen

He will get a work permit and permission to travel in approx 90-100 days.

It can take up to one year for the interview.

They should not file before he has been here 60 days. He cannot make it appear that he intended to immigrate when he entered as a visitor.

I am eager to make this a positive experience for you. Please ask follow-up questions if my answer is not clear.
I hope that I have provided excellent service and, if so, would love a 5 star rating. If not, please let me know how I can further assist you. In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.
Judith

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