out of country more than 1 and half year with green card---Need Help

[director]

Hi Friends,

Here is my situation, me and my wife got green cards on Mar 2010. My wife is in INDIA at the time of green card approval. She is in India since Jan 2010 with personnel reasons. She left to India on advance parole which was expired on March 2011. She is out of country more than one and half year. She doesn't have re-entry permit. Now she is planing to come to USA. I think she is not eligible to apply DS-117 for returning visa as she was not in USA at the time of green card approval.

Please let me know if there is any other options for her to come to USA.

Thanking you

mkgp

 

[Jackolantern]

Hi Friends,

Here is my situation, me and my wife got green cards on Mar 2010. My wife is in INDIA at the time of green card approval. She is in India since Jan 2010 with personnel reasons. She left to India on advance parole which was expired on March 2011. She is out of country more than one and half year. She doesn't have re-entry permit. Now she is planing to come to USA. I think she is not eligible to apply DS-117 for returning visa as she was not in USA at the time of green card approval.

Being outside the US at the time of GC approval is not a problem if one has valid Advance Parole at the time. The problem is that she has not been in the US since green card approval, so it's not clear if she would be classified as having been admitted to permanent residence.

But if her Advance Parole expires in March 2011, that means it was issued in March 2010. Her GC was approved in March 2010, so what happened there? Did she leave the US just a few days before GC approval?

Do you know the exact dates of (1) departure from the US (2) AP approval (3) GC approval? There may be some viable options depending on the circumstances and exact sequence of events. Also explain the basis of the green cards -- if family-based, which relative was the sponsor? If Employment-based, what is your category (EB1, EB2, EB3) and priority date?