Out of USA for many years
Hello Rajiv,
A (Husband) resigns from his job and A & B (Wife) leave USA for India in mid-2007, a few weeks after fingerprinting. A starts a new job in India. B is a homemaker. "A" gets his Green Card at end-2007, which is valid till end-2017. B's Green Card gets lost in the mail, and after a year of correspondence, B also gets her Green Card in 2008 (but dated end-2007 and valid till 2017). "A" visits USA atleast once every year since 2008 on Re-entry permit.
B's brother gets diagnosed with cancer in mid-2008, gets his treatment done at B's house in India and dies in March, 2009. The day after B's brother dies (in March, 2009), B gets an attack of Rheumatoid Arthritis and then is bed-ridden for more than a year. Coincidentally, B was diagnosed with Rheumatoid Arthritis in early-2007 (before leaving for India) but there was not much pain so it was ignored.
A has been trying to get a job in the USA since June, 2010 but the job market has not been good due to the weak economy. Now, A has applied to his current company for a transfer to USA and A's company is considering it.
B has not visited USA since leaving in 2007. B would like to travel to USA in summer, 2014. The goal for B is to re-enter the US and re-establish her Permanent Resident status. This will keep her Green Card alive so that A & B can move to the US as soon as A finds a job or A’s company transfers him there. At the same, B can travel to the US later this year.
A & B still have their bank accounts and credit cards in the US. A renewed his Driver’s license too and has received 3 Re-entry permits. A & B have been filing “Married Filing Jointly” tax returns as “Resident Aliens” every year.
A & B’s two children are US citizens; With cousins in the US, there are family ties to the US too.
Should B simply fly to USA and carry her medical papers and explain the situation of her ill health preventing her from coming to the USA earlier? What is the probability of this working? Will B need to apply for a Returning Resident Permit (RRP)? If yes, how should the case be presented? How should B try to prove that her absence was temporary and she never planned to abandon her U.S. residence? What is the probability of B getting the RRP? How long will the process take? What are the costs involved? If B does get the RRP, what are the next steps?
Thanks!