[mserpas]

My mother came with a tourist visa, I applied for her green card (I'm a US citizen) and she stayed about 3 years, then the interview came to El Salvador's consulate so she went back home and she was denied entering to the US, we appealed and was denied what could we do in this situation? Please help. Will the case be closed, do I have to re apply for I130 again.

[NYcityboy]

Difficult case. The problem is that she left the US for the visa interview. She could have stayed in the US and gotten the permanent residence approved, even as a long-term overstay, under section 245(a) as an immediate relative of a USC. By leaving the US, she triggered the 10-year bar under section 212(a)(9)(B)(ii).

You need to see if the USCIS or the CONOFF adjudicated the I-130 and denied the visa or denied the I-130. If denied, you need to file again with the USCIS, then prepare the immigrant visa application with a waiver for the immigration violation. Difficult, because you need to prove up extreme hardship to you as a USC if she is denied the immigrant visa. Her hardship is not relevant under the current immigration laws.

Consult with an experienced immigration attorney. Check with AILA or the state bar association for a referral. Good luck.

[lawanwadee]

Agree with NYcityboy. This is very difficult case. Get the best immigration attorney you could afford.