Danville, CA asked in Immigration Law for California

Q: I130 petitioner lose her green card

My mom is the petitioner of my sister’s I130, priority date 6/20/2015. Case pending. My mom hurt her back when she was in HongKong in 2016, she did not come back to the US since then, if we can provide doctor’s notes to prove her health condition, can her green card be retained? If she is to lose her green card, can we change the petitioner to be my father? Will the priority date change?

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1 Lawyer Answer
Kyndra Mulder
Kyndra Mulder
  • Immigration Law Lawyer
  • Jacksonville, FL

A: First, Your mother surrendered her status almost two years ago.

Second, The petition follows your mother's LPR status - abandoned.

Your father will have to file a new I-130

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