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?
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 does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
4 lawyers agree
It depends on a few details. I suggest you schedule a consultation with an attorney.
Dhenu Savla, Esq.
This answer does not create an attorney-client relationship and is not meant to be relied upon as legal advice.