I-130 Immigration Proceeding question

[simon_ship]

My mom got her green card in 2007 but gave it up.(She came to the US, stayed for a few months and went back and never came back to maintain her status) Now my uncle is filing for her green card again(she changed her mind). In I-130 form question number 16 asks " has your relative ever been under immigration proceedings" my choices are Yes and No. So I chose yes.If the answer is yes then there are four choices "removal" "exclusion/deportation" "rescission" "judicial proceedings" I think I should check rescission. Since she gave it up but I want to be sure that it's what I should check. Please let me know if it's the right choice.

Thanks much!

 

[LucyMO]

she was never under such proceedings. Check "no".

When a person gives up her GC, that's just that - she is not being deported or forcefully removed for breaking the law.

Rescission Proceedings
(a)
In general. — In a rescission proceeding, an Immigration Judge determines whether an alien’s status as a lawful permanent resident should be “rescinded,” or taken away, because alien was not entitled to become a lawful permanent resident. See generally 8 C.F.R. § 1246.1 et seq. An alien’s lawful permanent resident status may not be rescinded if more than 5 years have passed since the alien became a lawful permanent resident. See INA § 246(a).

By the way, on what basis did she get a GC in the first place? If it's her brother that filed it, his original I-130 may still be used to get a new immigrant visa for her. Otherwise, it'll take another 10 years for her to immigrate again. But is she really ready to live in the US?