Parents with Green Card stayed outside US for 15 months and want to return back

S

Sudha Raman

New Member
My parents having un-expired green card travelled to India last year January to close all the ties in India and return back to USA. But unfortunately my father had health issues and had to go through a surgery and couldn't return back within a year. I would like to know what will happen if they return back now? I see that the option to apply for reentry permit is not possible, since they are not present in USA. Is there anything else I can do? Any help is greatly appreciated.
 
If he can show an urgent medical need to remain out of the country, he could be issued an SB1 visa. The issue is your mom, but hopefully, they will also be lenient with her.
 
Thank you! What will happen if they just come here with a one way ticket and without Sb1 visa? Will they allow them into US if they can convince them? Or will they be turned back? Or will they be allowed in by invalidating he Green Card and giving them a visitor visa?
 
As I understand it, a green card alone is not a valid entry document if you've been absent from the US for more than one continuous year. You can take your chances at the port of entry, but there are no guarantees. The worst case is that you would be denied entry and sent back, with the green card confiscated. They will not give you a visitor visa on the spot; to get a visitor visa, you would have to apply for it in advance. Ordinarily, one cannot legally apply for a visitor visa when one is in possession of a green card. There are limited exceptions for emergency travel (i.e. you are in a situation where you have to travel temporarily to the USA because of some pressing emergency that is too time-critical to allow for an SB-1 application).

The proper approach is to apply for, and receive, the SB-1 visa prior to returning to the USA.
 
My mom got green card around 2010 and came to USA. she stay with my family and left USA on 08/13/2012 by road to go to Canada to visit my elder brother's house. She did not return to USA. Instead, she wen back to Bangladesh in middle of January, 2013 due to family need. She stayed there for almost 4 years. Now, she wants to come back to USA. It has been almost 4 years since she left USA. I do not know what to do. Any help will be appreciated.

As much as I know there is 2 options:
Option 1: Apply for re-entry permit. I am not sure how effective it will be.
Option 2: Apply for special Immigration Visa to USA consulate in Bangladesh.

Immigration Gurus, please help me. An special thank to you in advance for your reply.
 
souman_gc said:
My mom got green card around 2010 and came to USA. she stay with my family and left USA on 08/13/2012 by road to go to Canada to visit my elder brother's house. She did not return to USA. Instead, she wen back to Bangladesh in middle of January, 2013 due to family need. She stayed there for almost 4 years. Now, she wants to come back to USA. It has been almost 4 years since she left USA. I do not know what to do. Any help will be appreciated.

As much as I know there is 2 options:
Option 1: Apply for re-entry permit. I am not sure how effective it will be.
Option 2: Apply for special Immigration Visa to USA consulate in Bangladesh.

Immigration Gurus, please help me. An special thank to you in advance for your reply.
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1. One can only apply for a Re-entry Permit inside the US. So that's not relevant for her.
2. An SB-1 returning resident visa requires showing that she was not able to return within 1 year due to circumstances beyond her control. It doesn't really sound like she would qualify.

The alternative would be for her to be petitioned to immigrate from scratch.
 
Thank you, newacct! much appreciated. You mean to say start a new process to apply a new immigration for her? My apologies for not getting this. Either way, she has to face the obvious question why she stayed for long time outside of USA. Isn't she?
 
cafeconleche said:
If he can show an urgent medical need to remain out of the country, he could be issued an SB1 visa. The issue is your mom, but hopefully, they will also be lenient with her.
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hi want to know one information and help is greatly appreciated . I want to file for SB 1 visa for my mom but though its rejection rate is so high so can I make new petition at the same time?
is their any problem if I run two process at the same time?
 
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