A unique situation........

[mangal969]

A friend of mine is in this situation and she's not a member of this forum....She asked me and since i am no immigration expert i thought I'd ask you people.

My friend is a USC by birth.When she was born both her parents had taken green cards (way back in early 1970's).Then in the mid-80's they all moved back to india because of some family crisis.Her father fell ill and both their green cards lapsed.Her father died in 1992.She got married and came back to the US.At the time of her first child her mother wanted to come to the US.She was granted a 10 year visa on the condition that she surrender her green card (which had already lapsed & expired) which she did.
Now my friend and her husband have decided to bring her mother to the US.

Now since my friend is a USC i dont think the mother would have much of a problem getting her GC.Only factors to be considered are:
1.Is she ineligible to take a GC because she had it once before ?
2.Will the fact that she held a GC before have a negative bearing ?
3.Is there any other way she can live in the US (as mother of a 'natural' USC) ?
4.If she was to apply again should it be a fresh app or renewal of the old one ?
5.Should she enter the country on her 10 year visa and apply or is the application better made in India ?

I have gone through this but found this to be a rather unique situation so i thought i'll let you know.Of course they will hire legal help but thought of asking around to see if it is even worth taking an opinion.

Thanks

 

[Pinturicchio]

3.Is there any other way she can live in the US (as mother of a 'natural' USC) ?

I don't have much to say about your situation, so I'll leave the questions for someone else who does.


I'm not sure what you mean by natural citizen in the quoted text above, but I'm guessing you mean a citizen, not by naturalization.

In that case, I would like to point that a USC by birth is the same as a USC by naturalization. The constitution gives both of them the same rights and privileges, including the ability to petition for relatives to immigrate. The only difference is that one can can run for president and one cannot. But I reckon this is only significant for a very small percentage of people.

So the mother of a 'natural' or a 'naturalized' citizen is the same in the eyes of the law.

Thank you.

 

[baltimore2006]

I think the mom should come using 10 year visa, live with the daughter's family. And then they can start the application.

 

[mangal969]

Thanks to all for your answer.
But the core thing she wants to know is if the previous lapse and surrender of the green card will prejudice her application in any way.