Validity of 10yr Visit Visa after receiving green card that got cancelled after no rentry for >2 yrs

M

mp806

New Member
My mother has a 10 year visit visa to the US issued in 2002 that is valid until 2012. During that time when she was in the US she got a green card through her daughter (my sister). She went back to India after staying in the US for a few years. As she did not reenter within 2 years her green card is now not valid. She wants to visit US again, my question is can she use her visit visa that is still on her passport.

Thanks!
 
Visitor visa goes void as you obtained your Green Card. There are certain acts that can lead to one losing his or her permanent resident status and they are defined by Section 237 or 212 of the Immigration and Nationality Act. These include moving to another country with the intention of permanently settling there, staying outside of the US for a year without obtaining a re-entry permit and remaining outside of the country for two years after being issued a re-entry permit without procuring a returning resident visa.
 
If she wasn't able to come to the US due to some hardship, and she can prove this, she might qualify for a returning resident visa (try this IF she wants to move back and keep her GC).
 
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