QUESTION
Green card holder has medical issue preventing his return to states within 1 year.
Asked on Oct 12th, 2015 on Immigration - Texas
More details to this question:
I am a citizen of USA. My father has been a green card holder for 6 years. Soon after he got his green card, he had to tend to his sick 90 yo mother in Poland. He has been reentering US every year with no problems to maintain his status. However, this year he injured his back while caring for his mother and is unable to return to the States within the 365 days of his last departure. Is there anything he can do (file extension for medical reasons/caring for his mother) that would allow him to keep his Permanent Resident status? Doctors estimate he would be able to attempt the trip to US about 2 months after his 365 day deadline. Thank you for your help
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
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Alan Lee & Arthur Lee, Attorneys at Law
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Your father would appear to have two choices. He can go to the American Embassy or Consulate and apply for special immigrant visa or return to the US and take his chances with Customs and Border Protection at the port of entry. Whichever choice he makes, he should bring complete medical records to show that he injured his back and was medically unable to return to the States on time. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Nov 09th, 2015 at 9:17 AM