Mom deported (sent back) but greencard approved

[mrwilson]

I posted on here a few months ago in regards to my mom. Well, her papers were finally approved, but she was sent back. Is there anything I can do now?

Please advice once again, thanks for all the help!

 

[austriacus]

Did she get voluntary departure?

 

[GotPR?]

You should provide more details.
What paper was approved, why was she deported, etc.

 

[mrwilson]

Well, she did not voluntarily depart. She was in detention for over 4 months.

Her I-130 I believe got approved.

 

[GotPR?]

Beneficiary can be anywhere on earth upon I-130 filing/pending/approval.
Approval you are talking about has nothing to do with her deportation, however, depending on the reason why she was deported, she may not be able to apply CP/AOS for a while.

 

[mrwilson]

Long story short, she was deported because she failed to show up to court for her asylum case hearing. Lawyer did not inform her that she needed to show.

Beneficiary can be anywhere on earth upon I-130 filing/pending/approval.
Approval you are talking about has nothing to do with her deportation, however, depending on the reason why she was deported, she may not be able to apply CP/AOS for a while.

 

[boatbod]

Long story short, she was deported because she failed to show up to court for her asylum case hearing. Lawyer did not inform her that she needed to show.

Ouch. Did she accrue sufficient unlawful presence to trigger a 3yr or 10yr ban?

 

[PraetorianXI]

Ouch. Did she accrue sufficient unlawful presence to trigger a 3yr or 10yr ban?

That means more than 180 or 365 days?

 

[Triple Citizen]

An I-130 approval should not be considered as GC approved. You need to provide more information with regards to your mother's immigration history.

Her I-130 I believe got approved.

 

[boatbod]

That means more than 180 or 365 days?

Thats what I was thinking.

Apparently you also have to take into account whether there was any unlawful employment while the asylum case was pending. As little as one day illegal employment converts the entire asylum period into unlawful presence.

http://www.shusterman.com/upanswers.html
http://www.visaandgreencard.com/CM/Articles/AsylumExceptionToUnlawfulPresence.asp