My mother surrendered her GC in 2010. She has a tourist visa now. Can we apply for adjustment of status when she is in US?

Asked 10 months ago - Chicago, IL

I am a US Citizen. She had to surrender her greencard due to my fathers illness. He recently passed away and now we want her to come live with her kids in the US. Do we need to re-apply for a greencard all over again or can we apply for an adjustment of status for her?

Attorney answers (4)

  1. F. J. Capriotti III

    Contributor Level 20

    4

    Lawyers agree

    Answered . Can your mother file for adjustment of status while in the US on a TOURIST visa?

    The only way this would work would be if she lied at the airport on arrival.

    Don't put her through this pain ... do it the right way. File an I-130 and have her get her immigrant visa at the US Consul back home.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more
  2. Dhenu Mitesh Savla

    Pro

    Contributor Level 17

    1

    Lawyer agrees

    Answered . It depends on a few details. I suggest you schedule a consultation with an attorney.

    Dhenu Savla, Esq.
    SwagatUSA, LLC
    www.swagatusa.com/attorney

    This answer does not create an attorney-client relationship and is not meant to be relied upon as legal advice.
  3. Karen-Lee Pollak

    Contributor Level 19

    2

    Lawyers agree

    Answered . You can use her previous approved i130 and file adjustment of status again

  4. Ekaterina L Powell

    Contributor Level 10

    1

    Lawyer agrees

    Answered . You can do adjustment of status if she is in the U.S. This process is much faster (can take 4-6 months on average) than doing it through the consulate overseas.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

30,319 answers this week

3,208 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

30,319 answers this week

3,208 attorneys answering