Left the U.S. for medical purposes and might lose GC

[cerrulaine]

Hello,
I'm hoping someone can help me on this forum.

My mom is 63 years old and has had a GC since 2004. She left the country on April 2008 to seek cancer treatment overseas because it was less expensive and she could not afford to pay for insurance here. There was no time for her to go through the process of filing an I-131 as she needed to start treatment immediately. I have called USCIS on her behalf and was told that she has to be physically in the country to apply for the I-131 and complete the biometrics. Due to her condition, she cannot travel.

From my understanding, the maximum amount of time that a permanent resident can be out of the country is 1 year. After that, their residency is considered abandoned. Is this correct?

What options does she have to continue treatment overseas without losing her GC? She has inquired with the US consulate overseas as well and they referred her to the USCIS website and toll-free number for information.

I'd very much appreciate any information anyone can provide me.

Thanks in advance,
Cerrulaine

[Jackolantern]

She can apply for a Returning Resident Visa (SB-1) at the consulate to get back into the US if she has been out for more than a year without a reentry permit.

[mmed]

Yes, returning SB1 visa if she stay overseas more than one year and less than 2 years. Or better, she surrender her GC and apply for tourist visa which will be good for 10 years and she can keep renewing it forever. I think keeping GC by itself is not important especially that prolonged absence from the US will affect her eligibility for citizen adversely. Good bless her

[cerrulaine]

Thank you for your help, I will look into it and let my mom know.

[Jackolantern]

Originally Posted by mmed

Or better, she surrender her GC and apply for tourist visa which will be good for 10 years and she can keep renewing it forever.

Why is that better? Her purpose of being outside the US for a long time was to get medical treatment, not to start living outside the US permanently.

[mmed]

Originally Posted by Jackolantern

Why is that better? Her purpose of being outside the US for a long time was to get medical treatment, not to start living outside the US permanently.

Sorry, It is better if she want to live permanently outside US and just visit US every now and then or if she can not return back for 2 continous year which will invalidate the card.

[harvydonald]

She should have no problem getting SB-1 because of her medical condition. Paperwork from hospital and doctor should be sufficient to prove circumstances beyond her control.

[cerrulaine]

There is some conflicting information on the SB-1 form I downloaded. Does the SB-1 kick in only once her GC is revoked?

Thanks again.

[Jackolantern]

Originally Posted by cerrulaine

There is some conflicting information on the SB-1 form I downloaded. Does the SB-1 kick in only once her GC is revoked?

No. The SB-1 is needed because the GC is no longer sufficient for reentering the US after an absence of one year. But the GC doesn't get automatically revoked just because of that one year. The year gives them an automatic reason to revoke it if they want to, but it's not automatically revoked.

However, I see her one year is not finished until next month. If she can return before the year is up she should, and she wouldn't need the SB-1. If she applies for the SB-1 after it has been over 1 year outside the US, expect them to ask why she didn't return in Feb or March. If her treatment was done in December or January but she still chose to stay outside the US until April or May, they could deny the SB-1 and revoke the card unless there is a medical reason why she was unable to travel before April.

[cerrulaine]

Thanks again everyone for all your help so far.

My mother just found out that she will need to be away from the U.S. for more than a year to complete her treatments. We also found out that my brother will be getting married next year. She wants to try to attend his wedding in spite of her condition... to that end, what is her best course of action? Will submitting the SB-1 automatically allow her to enter the U.S., or is there a waiting period involved? If the SB-1 is granted, does her leaving and going back overseas be "frowned upon"?

It seems to me that she may need to relinquish her green card if she leaves the country again once her SB-1 is approved... does that sound right?

Thanks again for all your help.

[TheRealCanadian]

Originally Posted by harvydonald

She should have no problem getting SB-1 because of her medical condition. Paperwork from hospital and doctor should be sufficient to prove circumstances beyond her control.

The only danger is that she may be considered inadmissible based on possibility of becoming a public charge.