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.

