Parent re-entry after several years (abandoning?)

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user2020

New Member
I had secured GC for both my parents in 2010. They visited us for few months each year till 2014. After that they decided to live in India as travel became too hard. There was unspoken understanding among us, that if only one were to remain, then the surviving parent will move with us to USA when that happens.

Now we are almost in 2020, and both my parents are 80 plus. My and my sibling are US citizens for over 10 years. There are no other siblings in India. I have ignored this impending situation far too long and now i am trying to get educated on what steps will need to be taken so that i can bring my parent to USA when needed. I understand, their status might be considered 'abandoned'.

I will look for a good immigration lawyer to assist, but i wanted to reach out here to see if there are other known similar instances. We are very well settled here and can afford to purchase healthcare for parent (we had done so in previous visits and have the documents).

I am mentally prepared to leave my family and move to India to care for my parents, but I am hoping it does not come down to that. Thank you for sharing any experience.
 
Their green cards are abandoned, but as citizens you or any of your siblings can just file new petitions for them.
 
SusieQQQ said:
Their green cards are abandoned, but as citizens you or any of your siblings can just file new petitions for them.
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yes indeed starting a new petition is an option but i was hoping there was another method. A new petition will take long time for GC to come thru and which means, all that time, i would have to 'relocate' to India to be with my parent. Unless, there is any way parent can be in US with us while the immigrant visa application is being processed.
 
user2020 said:
yes indeed starting a new petition is an option but i was hoping there was another method. A new petition will take long time for GC to come thru and which means, all that time, i would have to 'relocate' to India to be with my parent. Unless, there is any way parent can be in US with us while the immigrant visa application is being processed.
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It will probably take about a year till they can get their visas. Your other option is to take a chance for them to try fly with their current green cards (assuming they are still unexpired), but that (strongly imo) risks them either being refused entry/sign form officially abandoning the green cards/returned to India, or paroled in to appear before an immigration judge to make a final ruling on abandonment, neither of which are likely to be good options given their age.
 
That is what i understood. No easy way around here. Would it be completely absurd to apply for 'tourist visa' and state that intention is to apply for AOS later? I know that 'tourist visa' will be likely denied this parent was previously granted immigrant visa. However, since AOS is officially provided path to GC, why cant i just clearly state intentions right in the beginning? With AOS approach, i would avoid having to relocate to India for a year when the application is processed.
 
user2020 said:
That is what i understood. No easy way around here. Would it be completely absurd to apply for 'tourist visa' and state that intention is to apply for AOS later? I know that 'tourist visa' will be likely denied this parent was previously granted immigrant visa. However, since AOS is officially provided path to GC, why cant i just clearly state intentions right in the beginning? With AOS approach, i would avoid having to relocate to India for a year when the application is processed.
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AOS from a B1/B2 is intended for someone who had a change of heart (due to some new circumstances) AFTER their admission to the US. That is the intent of being able to adjust status from a NIV. Using a tourist visa to enter the US with the preconceived intent of AOS is a fraudulent misuse of the tourist visa. A tourist visa is for temporary visits. And no CO will ever grant a tourist visa if the intent of AOSing is disclosed upfront by the way, or if the applicant is considered to be harboring an immigrant intent.
 
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