Visitor Visa Status after GC

[cvmurthy80]

My parents got their GCs issued in Feb 2023. Before that they got their visitor visas approved in 2019 for 10 years. They left for India in Jan 2023 and are not able to return for a while. Which means that it is likely that they lose permanent resident status as they cannot come back within a year from the date their GCs were issued. I understand that they cannot file for reentry while being in India. I also think that they cannot come back on their visitor visa because (I think) that visitor visa naturally becomes void once GC is approved. Could someone validate my understanding? Also, what are our options to get the GC back or, if that's not possible, to go back on visitor visa?

Appreciate any input.

[GNH]

You will need to reapply for GC I believe . They will not get a new visitor visa.

[JoeF]

If they want to get a visitor visa that would have to voluntarily give up their GCs. There's a form for that, I-407.

If they are abroad for more than a year the GC becomes invalid. If they want to live in the US again you would have to file new GCs for them.

[newacct]

On 11/10/2023 at 10:22 AM, cvmurthy80 said:

My parents got their GCs issued in Feb 2023. Before that they got their visitor visas approved in 2019 for 10 years. They left for India in Jan 2023 and are not able to return for a while. Which means that it is likely that they lose permanent resident status as they cannot come back within a year from the date their GCs were issued. I understand that they cannot file for reentry while being in India. I also think that they cannot come back on their visitor visa because (I think) that visitor visa naturally becomes void once GC is approved. Could someone validate my understanding? Also, what are our options to get the GC back or, if that's not possible, to go back on visitor visa?

Appreciate any input.

Do they want to live in the US or not? You say "get the GC back", but also ask about visitor visa. But those are for completely different intentions, so it doesn't make sense to ask about both. If they want to live in the US, they should not use a visitor visa even if they have a valid visitor visa, and should enter on their GC or immigrate to get a GC again. If they don't want to live in the US, they should abandon their GC even if they can enter on it, and use a visitor visa instead.

Being outside the US for more than 1 year does not mean that they won't be allowed into the US on their GC. The immigration officer at entry and/or the immigration judge in removal proceedings can admit them anyway if the immigration officer or judge determines that they did not abandon residence.