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  1. #1

    Default Relative Abandoned Permanent Residence Status After Petitioning For My Immigration

    Hello,

    My mother immigrated to the U.S.A in 2005 as a recipient of a DV visa and immediately petitioned for me under the F2B category (unmarried sons and daughters of permanent residence). In 2008, my mother had to return to our home country, because my father became gravely ill. She still has her green card valid until 2018, however as she has been physically outside of the United States, she is presumed to have abandoned her permanent residence status, even though she has filed tax returns for all the years she has been outside of the U.S.

    My immigrant visa became available this month and I just got back from the interview at the U.S. consulate, where they refused my application, based on the grounds, that my mother has lost her permanent residence status. My question is, if my mother reestablishes her permanent residence, would that enable me to still be granted the immigrant visa under the original petition, or will my petition go back to the end of the line and I would have to wait another 8 years.

    My brother has become U.S. citizen in the meantime, so even if my mother cannot reestablish her residence under the Returning Resident Visa, my brother could sponsor her for a new family based immigrant visa, and since she is an immediate relative this should be taken care of relatively quick.

    Thank you very much in advance for all your tips and advice.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Abandoned Permanent Residence Status While Pending Petition for Relative

    You need an immigration lawyer on this to work the angles, but I suspect your existing petition is COMPLETELY DEAD at this point. Your mother will have to start over on her green card and then you can start your petition again.

    It may be indeed easier for you, if your brother is willing to sponsor you, to go that route.

  3. #3

    Default Re: Abandoned Permanent Residence Status While Pending Petition for Relative

    thanks for the response.
    what is my mom applies for a returning resident visa and re-establishes her permanent resident status before the one year in which i have to prove that she is a permanent resident?

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Abandoned Permanent Residence Status While Pending Petition for Relative

    Mom is starting again from scratch since it doesn't appear that she would qualify for the RRV. Which means, as flyingron indicated, your own petition is dead.

    You can read more here: http://travel.state.gov/visa/immigra...info_1333.html

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