QUESTION
What happens to parents with green card who were out of the US for about 15 months?
Asked on Apr 23rd, 2015 on Immigration - California
More details to this question:
My parents having un-expired green card travelled to India last year January to close all the ties in India and return back to the US. But unfortunately my father had health issues and had to go through a surgery and couldn't return back within a year. What will happen if they return now? I see that the option to apply for reentry permit is not possible, since they are not present in the US. Is there anything else I can do? Any help is greatly appreciated.
2 ANSWERS
Regrettably, your parents should expect to be deemed to have abandoned their residence in the U.S. and their Permanent Resident status, and they should plan to re-apply through consular processing. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge.
Answered on Apr 29th, 2015 at 1:21 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Technically, by staying out of the U.S. for more than a year, they are deemed to have abandoned their green card. However, if you have proof of your father's illness and surgery (medical records, etc.) the abandonment issue can be overcome. When they return back to the U.S., they most likely will have their green cards cancelled and be placed in removal proceedings. They should deny the abandonment and request to be paroled in. Once they are before the immigration judge, they will need to prove the medical issues. Good luck.
Answered on Apr 28th, 2015 at 2:13 AM