GC holder stayed in india morethan 2 years failed to apply re-entry permit before leaves

[cmraj]

Due to medical reason my wife left India on March 2012 and  she is still in india (almost 2 years) , we did not apply for re-entry permit before she leave due to emergency. So can you please let me know the procedure to get my wife back to USA. Greencard expires on Sep 2019.

[JoeF]

Due to medical reason my wife left India on March 2012 and  she is still in india (almost 2 years) , we did not apply for re-entry permit before she leave due to emergency. So can you please let me know the procedure to get my wife back to USA. Greencard expires on Sep 2019.

She would have to show evidence that she couldn't return within the allowed time, e.g., due to a hospital stay.

Can she do that?

http://travel.state.gov/content/visas/english/immigrate/types/returning-residents.html

[pontevecchio]

You will need to talk to a Lawyer about filing a "returning resident application" as she has abandoned her PR status as of now.

[catx]

You need to consult with a qualified, experienced immigration attorney.  There is a SB-1 returning resident visa that may apply in this situation.  An immigration attorney can determine the applicable options, such as whether a returning resident visa can be used, and the associated processes.

[cmraj]

Thank you so much for all of your suggestions

Yes, she can produce hospital stay.

Can someone tell me do we need to contact immigration attorney in India or here in USA.. if yes.. please provide me contact details.

 

Thanks

[catx]

There are U.S. law firms that have local offices in India -- including Murthy Law Firm who hosts this immigration forum.