Parent with GC away for more than a year

Vijay Oruganti

New Member
My father had applied for GC in December 2016 and while the GC was still in processing he decided to return back to India in March 2017. Meanwhile the GC was approved in May 2017 after he returned.

He now regrets going back to India and wants to return and stay with me. Please advise if he will be able to reenter without problems.
 
If he didn't have Advance Parole when he left, he abandoned his Adjustment of Status and his GC was issued in error.

If he had Advance Parole when he left, and continued to stay abroad for more than a year without a Re-entry Permit, technically his green card is not valid for re-entry anymore, and he has no other document that allows re-entry. He can try to enter on his green card anyway and if he's lucky they will let him in with just a warning. Some people will suggest applying for an SB-1 returning resident visa but I don't think he would qualify, and the chances of success of getting an SB-1 visa is much worse than just trying his luck with the immigration officer at entry (and the immigration judge if the immigration officer doesn't let him in).
 
In that case, the only option is to start the process all over. Once he left without an approved AP while his petition was pending, his AOS automatically became abandoned. The GC is no longer valid, it was issued in error.
 
Thank you for your responses. Can he apply for a non-immigrant (visitors) visa first, then reapply IR5 while he is in the U.S or he needs to reapply IR5 from India?
 
He can apply for a visitor’s visa, no guarantee it will be approved though since he’s already demonstrated an immigrant intent.

And if it is approved, he and you shouldn’t be planning on his entering the US on a NIV with the mind of him filing for AOS once he enters - you should file and process the IR5 visa for him while he’s out there and plan on him attending an interview at the embassy in India.
 
Thank you for your responses. Can he apply for a non-immigrant (visitors) visa first, then reapply IR5 while he is in the U.S or he needs to reapply IR5 from India?

He will need to be honest in his Vistor Visa interview when they ask him purpose of journey to the US...
 
Thank you for your responses. Can he apply for a non-immigrant (visitors) visa first, then reapply IR5 while he is in the U.S or he needs to reapply IR5 from India?
That would be misusing the visitor visa (which requires a return to India), something we call fraud on this forum. He may not even get a visitor visa. Interview in India.
 
Is it even worth trying to enter with the GC even though it was issued in error? Will he get deported even though his wife (my mom) and children are living in the U.S?
 
If you know it was issued in error, and it was, why consider it?

I second @Sm1smom suggestion that you should file and process the IR5 in India. The longer you delay, the longer he waits.
 
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