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Can you answer immigration questions? Maryland. My mom has a…

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Can you answer immigration questions?

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Maryland

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My mom has a green card since 2001. The expiration date is 2023. Last time she went to Pakistan in 2013 and could not come back because my dad diagnosed with Alzheimer. my dad just recently passed away and mom wants to come back to USA on that green card. Is it possible?

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Answered in 5 minutes by:
1/23/2018
Nisha Jones
Category: Legal
Satisfied Customers: 2,782
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good afternoon, I am an Immigration Law attorney and former Prosecutor for the State Attorney's Office, and I'll be answering your questions today. Keep in mind this is for informational purposes only and we do not have an attorney-client relationship. Please allow me just a few minutes to review your question, thank you!

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I'm sorry to hear about your loss.

Give me a few minutes to finish typing up some information for you, thanks!

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Customer reply replied 4 months ago
Thank you. I want to know our options because she need to come back to US.
Customer reply replied 4 months ago
I am in my office and prefer texting.

The phone call request is actually auto generated by the site, so please feel free to disregard it if it's not something you're interested in right now.

I'm typing up your answer now, thanks!

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Your mother will need to apply for a Returning Resident SB1 Visa.

This visa is for permanent residents who left the US with the intent to return, but who remained outside of the US for reasons beyond thier control.

Usually if a permanent resident remains out of the US for more than 1 year without first obtaining a re-entry permit they will be considered to have abandoned their permanent residency.

The SB1 visa allows indivduals in certain circumstances to return to the US without losing their permanent resident status.

In order to apply for the SB1 your mom will need to submit the following forms and documents to the U.S. Embassy or Consulate overseas:

  • A completed Application to Determine Returning Resident Status, Form DS-117
  • Her Permanent Resident Card, Form -551

She'll also need to submit supporting documents that show the following:

  • Dates of travel outside of the U.S. (Examples: airline tickets, passport stamps, etc.)
  • Proof of her ties to the U.S. and her intention to return (Examples: tax returns, and evidence of economic, family, and social ties to the U.S.)
  • Proof that her protracted stay outside of the U.S. was for reasons beyond your control (Examples: medical incapacitation, employment with a U.S. company, accompanying a U.S. citizen spouse, etc.)

The Consular Officer will review her application and supporting documents and determine whether she meets the criteria for Returning Resident status. If she's appoved she'll be issed the SB1 visa and can return to the US.

I hope that helps!

Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

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Customer reply replied 4 months ago
Thank You.
•Proof of her ties to the U.S. and her intention to return (Examples: tax returns, and evidence of economic, family, and social ties to the U.S.)
Last time I added my parents as dependents in 2013. I did not add them after that since they were not in US. Is that okay? What kind of information she need to prove family tie with me as son?

Your relation to her by being her son shows familial ties. Does your mom have any other family members in the US? If so, they would serve as examples of social ties as well.

Does your mother have bank account that she kept open in the US? Either a checking or savings account? Or a PO Box?

Any of those would help demonstrate her ties to the US and intent to return.

I hope that helps! Let me know if you still have any questions.

​Please take a moment to leave a positive rating for me, 5 stars are always appreciated, thanks!

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Customer reply replied 4 months ago
Last question. Can I fill DS-117 form from here for her or she need to take it to US Embassy in Pakistan?

She needs to take it into the Embassy there.

Nisha Jones
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Satisfied Customers: 2,782
Experience: Managing Attorney at Nisha Jones Law, LLC
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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