Stuart, FL Immigration Law Firms & Lawyers

If your mother-in-law has been outside of the United States for longer than one year, then she will abandon that green card unless she applied for a reentry permit prior to leaving the United States. It may be possible to get a returning resident visa, but most likely she will have to reapply for a green card again. You should retain counsel to process the case from start to finish to make sure that it's done competently.    

My advice is to stop researching the internet to find the answer and instead schedule a consultation with a qualified attorney who can guide you through the situation. Your inquiry makes very evident that you have spent hours trying to ask as many sources the answer to your question. And while informed clients are always preferred, some obsess on questions they will not figure out on their own. Rather than drive yourself and those around you completely nuts, schedule an appointment with a qualified attorney and then seek another opinion from another qualified attorney. That should provide you with enough information. If this is the only charge you have ever had, you should be fine. Take it easy on trying to be your own lawyer and listen to some advice from a qualified professional. You are making way more out of the problem than need be.

There are many factors to consider when determining whether to file a new petition.  For the EB-2 category, in addition to you having either an advanced degree or a bachelor's degree plus 5 years of experience, the position must also require an advanced degree as a minimum qualification for the position.   For September 2011, the priority dates for all countries are current in the EB-2 category, except for India and China.  The cut-off date for India and China is April 15, 2007.  Assuming that your I-140 has been approved, you would be able to retain your EB-3 priority date of September 2008.  If your home country is India or China, your priority date would not be current yet. You have raised some very good questions and I urge you to contact an experienced immigration attorney to review your options.   Best wishes, Mark