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Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 102505
Experience:  Private practice in several areas, including immigration
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My daughter, born 1976 came to US in 1980 but because of

Customer Question

My daughter, born 1976 came to US in 1980 but because of bitter divorce stayed with her mother in Pakistan. Now I am sick(naturalized US citizen) and she wants to stay with me but she was told that her permanent visitor visa had expired. Recently I learnt that green cards issued before 2001 are grandfathered and do not expire. In the meantime I filed a form I130 in June but have not heard from USCIS yet.( they are supposed to respond within a month according to website)
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation, Syed. On this website, I do not always get to give good news, and this is one of these times.

The 2001 deadline you mention is for something else, entirely. That deadline refers to the Section 245(i) Provision of the LIFE Act. Basically, the law overlooks unlawful entry and unlawful presence when considering some Adjustment of Status applications for people who have filed before April 30, 2001.

This does not apply to a case such as yours. If she had a greencard but resided outside the country for more than a year, her greencard has been voided. As such, she has to be petitioned for again in order to get one, via family or employment.

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