My mum has been in USA since Dec 2000 for work, in 2003 She return to Europe and retired. She than decided to come back and live near me. in the mean time I became citizen (2009) and start sponsoring her in 2010, to finalize the paper she was ask to go back to her country and was told that she couldn't come back because she overstayed her visa. Does the ban applied since 2003 or 2010??
Why can't she adjust her status in the US? Did she enter the US unlawfully?
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Carl Shusterman, Esq.
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I have seen this problem happen to folks who had never used an attorney when filling out the green card paperwork and they marked consular processing and not adjustment of status on the paperwork (not knowing any better) and thus National Visa Center followed up indicating their relative needed to go back home to get an immigrant visa. Yet another reason to consult or use an attorney from the beginning since this could have been avoided. Now that your mother did go outside the U.S., the 10 year bar should kick in since the day she left the US. I highly recommend getting attorney assistance this time around.
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