Parent with Green card cannot come back to USA for 2 years...

SoCal_80

New Member
Hi,

My father, who is 75 years old, got his US Green card about 5 years ago. He has visited the USA often in the past 5 years, and stayed upto 10 months at a time. He left for India this June, and the plan was for him to come back to USA in November of this year. But due to some personal circumstances, he won't be able to come back till end of 2016. Which will make his stay outside the USA more than 1 year long. I have read that if a person is a permanent resident of the US, he cannot be outside the country for more than 1 year. Else his Green card can be cancelled.

I would like to ask advice on what we can do in this situation. Is there any document he can file with the USCIS that can allow him to stay outside the USA for close to 2 years, and still keep his Green card valid? Any suggestion on what we can do is appreciated. Thanks for your help.
 
Can he not even take brief visits to the US to submit an application for a Re-entry Permit and do biometrics?

If he cannot come back due to circumstances beyond his control, then he can apply for an SB-1 returning resident visa before coming back.

Or, alternately, he can try his luck and just try to come back directly with his green card. They might just give him a warning, or they might put him into a proceeding in front of an immigration judge to take away his green card and he can explain his case there.
 
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