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Immigration Issues/GREEN CARD FOR MOTHER

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Question
I am an US Citizen by Naturalization and my wife is an Indian Citizen.  She had Green card in 1994 and was making frequent trips from India to keep Green Card Alice whereas I was working in USA (now retired and getting SS Benefits).  She was not in a position to visit US because of some family commitments and in the meanwhile her Green Card expired in 2004.  She surrendered her expired Green Card in 2009 in US Consulate in Hyderabad and obtained 10 Year Multiple Entry Visa.
I am now retired and would like to settle down in US along with my wife- now that all her commitments are fulfilled.
I would like my daughter or son who are well settled in US, to sponsor my wife for Green Card again.  I want my wife to visit US and then my children can submit papers for her Green Card, so that she can stay back in US till her petition is accepted or rejected.

With this as background, my question is:

1.    Will there be a problem in filing petion by my children because my wife held Green Card earlier and surrendered it in 2009
2.   Is there any place in any of the application forms ( I am not sure which forms my daughter or son should fill up) wherein  the specific information should be furnished on her previous expired Green Card
3.   What are the chances of my wife getting Green Card again

Thanks


Answer
Hi,

A parent can be sponsored by a U.S. citizen child through the filing of an immigrant petition. However, a parent should not enter the U.S. on a visitor visa if an immigrant petition has already been filed prior to entry as visitor status does not allow for an intent to immigrate to the U.S.

It is OK if the sponsored individual had a green card earlier and surrendered it. There is no direct question on the sponsorship paperwork but there is a question about whether an immigrant petition has been filed earlier.

There should be no problem for a parent of a U.S. citizen child to receive a green card.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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