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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 12157
Experience:  Write FOR JAMES to get my help!
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My mother is a US citizen who would like to sponsor her

Customer Question

hi, my mother is a US citizen who would like to sponsor her daughter who also stays in the US, family 3 status, how long do you think the process will take? she had a green card once but the government took it back due to some trouble with the law. My mother has custody of her daughter for years now and getting too old and sick to take care of her self and the 15 years old daughter. Can you help and how much does it cost?
JA: I'm trying to find the right Immigration Lawyer for you right now. As soon as they are ready, I will let you know. I'm not sure of the exact price, but there's only a $5 deposit. The rest of the price information will be on the page I send you to.
Customer: ok. thank you
JA: Have you filed any paperwork with the USCIS (U.S. Citizenship and Immigration Services) yet?
Customer: no
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: what is the chance of my sister will get a green card again?
Submitted: 9 months ago.
Category: Immigration Law
Expert:  Expert James replied 9 months ago.

Hello! Thank you for using Just Answer. I am James, and I will be assisting you. Please give me a few minutes to review your question and prepare a response.

Expert:  Expert James replied 9 months ago.

Where is her F3 daughter right now?

What kind of trouble did she get in?

Customer: replied 9 months ago.
ok. thank you
Customer: replied 9 months ago.
she is in California now with my mother. My parents had custody of her. I believe she drank and drive while her toddler was in the car. if there was anything else, then i don't know
Customer: replied 9 months ago.
my parents and her came to the US in 1992 and she just had a green card but didn't apply to be a citizen when she turned 18
Customer: replied 9 months ago.
oops sorry,i meant to say that my parents had custody of my sister's 15 years old kid for more than 10 now.
Expert:  Expert James replied 9 months ago.

So she did not lose the green card because of the drinking with the toddler offense? She just never applied for citizenship?

Expert:  Expert James replied 9 months ago.

At what age did that happen? And at what age did her parents naturalize? Was it both parents?

Customer: replied 9 months ago.
i believe she lost her green card because of the drinking with the toddler offense because that was when my parents got an attorney to get custody of her kid or the kid would have gone to social services and be in the foster kid program or be adopted out by some family.
She was kind of a wild child and probably didn't know about it and didn't apply for it. Guess I should have help her applied for it but was too busy with school and work. She came to the US at age 11 and had to learn English and life was a bit tough for us when we came so looking back I should have helped her then when she turned 18 years of age to fill out forms for her to become a citizen. I am just so sad when I think about it. I am 45 and the oldest of sibling.
I believe this happened in 2002-2003. My parents naturalized at least 5 years ago, I am not sure of the exact years.
Expert:  Expert James replied 9 months ago.

That is very sad to hear. But let's focus on what to do.

I need to know how old she was when her parents naturalized. And I need to know how old she was when the drinking with the toddler incident took place. This is extremely important.

Customer: replied 9 months ago.
my mom was naturalized in 2000 and my sister was born in 1978 so she was 22 at the time. my sister was about 24-25 years old
Customer: replied 9 months ago.
when the drinking with the toddler incident took place.
Expert:  Expert James replied 9 months ago.

OK, and someone took her green card away? Or it just expired?

Customer: replied 9 months ago.
INS took my sister's green card. 3/1/2000 was the date my mother naturalized.
Expert:  Expert James replied 9 months ago.

So you are saying she is unlawfully present in the US now? Was she ever ordered removed from the US?

Customer: replied 9 months ago.
no she was never ordered removed from the US. My sister was still 21 years old when my parents naturalized since my sister didn't turn 22 until Nov. of 2000.
Customer: replied 9 months ago.
James, any suggestion?
Customer: replied 9 months ago.
Hi James, I never got any suggestion from you for my question :(
Expert:  Expert James replied 9 months ago.

Sorry for the delay. The holiday was busy with family, and I only just now returned. I am really confused now. You said they took away her green card. That generally means she was ordered removed/deported from the US. Yet you are saying she wasn't ordered removed.

I can only work off of the information you've given to me, so I will answer your question, assuming that she was never ordered removed.

If she was not deported or ordered to leave the US, then all that happened is that her green card expired. That does not mean her status has expired, only that valid evidence of her status has expired. Therefore, all she would have to do is to apply for a replacement card: form I-90.

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Expert:  Expert James replied 9 months ago.

Hi, I’m just checking in to see how things are going. I see you have reviewed my answer but I did not get credit for answering your question yet. Do you need more help or need me to explain anything else?

Thank you!