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Second opinion] my mother has a hard time speaking and

Customer Question
Second opinion] Hey my...

Second opinion] Hey my mother has a hard time speaking and understanding english She came here through political asyum

Lawyer's Assistant: Have you filed any paperwork with the USCIS (U.S. Citizenship and Immigration Services) yet?

Not yet She wants to visit her sick mother back in India But her Indian Passport is expired and her Green Card has code AS7 on it

Lawyer's Assistant: Have you talked to a lawyer yet?

No this is the first tim time*

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That is all

Submitted: 11 months ago.Category: Immigration Law
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Answered in 4 minutes by:
9/9/2017
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 11 months ago
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,936
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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Hello! My name is***** and I am a licensed attorney with more than 15 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. Also, please do NOT click on the Opt Out button because if you do, it would prevent me from communicating with you and then it could take a long time before another expert responds to you.

I just ask that if it is bad news that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

Unfortunately, it is bad news. It is a risk for her to go. They could reopen her Asylum case and look for fraud or revocation if they feel it is safe for her to return to India. How long has she been a Lawful Permanent Resident? How old is she?

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Customer reply replied 11 months ago
She has been a lawful resident for approximately 15 years
She is 47
Her husband is a citizen and her son
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 11 months ago

Well, I was hoping that she was old enough to be able to take the Naturalization exam in her own language, but she would have to be 55 years of age with 15 years of Residency or 50 years old with 20 years of Residency to qualify. She is just shy. She will only be safe going back to India after she becomes a U.S. Citizen. If she travels before, there is a risk that the U.S. government could revoke her Residency or at least investigate for fraud in the previous Asylum process. I wish I had better news for you, but I wanted you to be aware of the risk. Could she re-Adjust status through a U.S. Citizen spouse or U.S. Citizen son over 21? Yes, it might be possible as long as no previous fraud is discovered.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

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Customer reply replied 11 months ago
Her son is 21
How would we apply for readjustment?
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 11 months ago

She would need to either abandon the current Residency status by filing an I-407 and then the son can apply for her using an I-130 and doing Consular Processing if she is outside of the U.S. or I-130 and I-485 if she is in the U.S., or when she comes back from India, if they place her in deportation proceedings and an Immigration judge revokes her green card, then the son can file an I-130 and later an I-485, but it's scary because she has to go through deportation proceedings. Also, remember that if they determine that there was any fraud in getting the Asylum, she might be barred from getting Residency again.

Let me know if you need anything else, but please do not forget to rate me positively. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see the stars or smiley faces, please scroll to the top of the page to see them or click on my name and they should come out. Also, we do NOT finish just because it says "Rate to Finish" or something like that. Your question does NOT close and you can continue to ask questions without additional charge on the same question thread even after you leave a positive rating. Thank you for your understanding!

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