Mother is ex-wife of American two US kids previous green card

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Puddinhead7104

New Member
Mother is MX citizen, lives in MX. Was married to dad about 17 years. Lived in US most of time. Divorced and dad died a number of years ago. Dad natural American as am I and my sister. Mom had GC during marriage and afterwards. Expired years ago.

Q: do we need to do the regular sponsorship if parent, or does she get special path or treatment due to this special history?

Also she collects social security due to length or marriage, does that help?

Thanks
 
There are two aspects of "special treatment" available to her:

(1) The possibility of obtaining an SB-1 (Returning Resident) visa. It is a visa to allow permanent residents to reenter the US and resume their permanent resident status after staying outside the US for over a year due to circumstances beyond their control.

But the longer she has been outside the US (years? how many years?), the more difficult it becomes to obtain that visa, and if she has since entered the US with a nonimmigrant visa it will be too late for the SB-1.

So if she can't get the SB-1, you'll need to file for a new green card.

(2) She's collecting Social Security, so you wouldn't have to file an I-864 when sponsoring her new green card, you would file I-864W.
 
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