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SA2014

GreenCard holder out of country for 3 years

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My father is a green card holder and has been out of country for 3+ years. Both his parents expired within one year and he had to resolve family matters involving real estate etc, which took him all this time. The green card is still valid.

One other critical fact is that he did file for extended stay but had to leave before his fingerprint appointment. 

 

- I would like to know how he can return back to US to his wife, and family? My mother just became a US citizen.

- What supporting documents can he provide to explain the cause of his stay in India, other than Death certificates of both parents. Since it was family dispute, the real estate was sold and bought under someone else's name.

- Does he need to file for SB-1? 

- How will this be handled at the port of departure (India) and Port of entry (US)?

 

I just want him to be back with his grand kids that he hasn't seen all this while. Please assist and advice further.

 

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please consult a lawyer.

 

legally, if a GC holder is outside the country for more than a year without re-entry permit, his/her GC is considered abandoned. you will need to consult a lawyer regarding your father's situation.

 

the alternative you can do is accept that his GC is abandoned and just re-apply for his GC, either through you (as a children), or through your mother (as a spouse) of a US citizen.

 

 

My father is a green card holder and has been out of country for 3+ years. Both his parents expired within one year and he had to resolve family matters involving real estate etc, which took him all this time. The green card is still valid.

One other critical fact is that he did file for extended stay but had to leave before his fingerprint appointment. 

 

- I would like to know how he can return back to US to his wife, and family? My mother just became a US citizen.

- What supporting documents can he provide to explain the cause of his stay in India, other than Death certificates of both parents. Since it was family dispute, the real estate was sold and bought under someone else's name.

- Does he need to file for SB-1? 

- How will this be handled at the port of departure (India) and Port of entry (US)?

 

I just want him to be back with his grand kids that he hasn't seen all this while. Please assist and advice further.

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First and foremost consult with a qualified, experienced immigration attorney to determine and access the available options.

 

I am sure that with 3 years outside the U.S. his previous permanent residency visa ("green card") had been deemed abandoned by the USCIS.  A SB-1 returning resident visa maybe an option.  In addition, his wife still residing in the U.S. and now a U.S. citizen, may afford other options.  Again, you need to consult with an immigration attorney.

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Thank you all for your response. 

What, if any, concerns exist in re-applying for greencard? If my Mom files for her spouse being a US Citizen, how long would it take?

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