Returning resident vs new Family based application

[chapsskarrupa 0]

Hi,

My mother had GC since 2008 and due to health reasons left for India since 10/2013. Mom stayed back in India since 10/2013 due to health reasons and wanted to return back to us. Unfortunately GC expired Dec 2018.

Please help me determine if applying for returning resident status via SB1 is better or applying through a new GC process is acceptable. Thanks for your time.

[pontevecchio 12]

This determination is best done by a law firm. Maybe give the firm a call? This will save you a lot of aggravation.

[Provence 0]

She will NOT qualify for SB-1 being out of the US for over 5 years. It doesn't sound like she had a re-entry permit. 

She has to be re-petitioned for an IR5 visa.