Everett, MA asked in Immigration Law for New Jersey

Q: Can a green card holder living abroad ,petition her unmarried daughter?

My mother-in-law has not entered the US since 2014. Her daughter is unmarried over 21 years old.

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2 Lawyer Answers
Ms Grace I Gardiner
Ms Grace I Gardiner
PREMIUM
Answered
  • Immigration Law Lawyer
  • New York, NY

A: If your mother in law has been out of the country for four years then she is no longer a green card holder A green card would have been deemed abandoned after one year. That being the case she cannot sponsor her daughter

Stephen Arnold Black agrees with this answer

Hector E. Quiroga
Hector E. Quiroga
PREMIUM
Answered
  • Immigration Law Lawyer
  • Las Vegas, NV

A: Since the idea is that the petitioner wants the intending immigrant to come live with the petitioner in the US, the only way this would work is if your mother-in-law intended to take up domicile in the US. Given that she has not lived in the US for six years, it seems likely that the government will determine that she abandoned her residence, however.

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