Reston, VA asked in Immigration Law for Virginia

Q: My mom&dad came to US in 2000 and stayed for 2 years.They since been living abroad. Dad passed away. Can mom come

How can I get mom to come to U.S. She came in 2000 and stayed about 2 years. She had green card/ssn and went back overseas and lived abroad. Never reentered U.S. She has not come over 10 years plus. Do I apply via I-130 again? In 2010 I tried to have mom come and applied with I-130 and INS stated she is legal resident. They state the following:"The NVC has received infor that the beneficiary is now a legal permanent resident or citizen of the U.S. This petition has been returned to the U.S.Citizenship and Immigration Services (CIS)".

But I wasn't sure if she tried to come they would consider her abandonment and send her back. Now my dad passed away a few months ago. I want her to live with me. One brother also lives here in U.S. So, what steps should I do? Anyway to reinstate or do I apply I-130? Thx in advance.

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1 Lawyer Answer

A: First contact an immigration attorney to find out if your mother's permanent residence status is still active. If it is active she will be able to come in to the US and get a new card at the port of entry. If her permanent residence is not active you will have to apply for I-130 again. All the best.

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