Can I postpone ROC?

[J&N* 68]

My GC expires April first 2013, so I'm supposed to apply next January. However my father back home is very sick (liver failure) and doctors are giving him 6 months to get a transplant or pass away. My family really needs me now and I really need them. Can I postpone ROC? I don't just wanna take off irresponsibly, this is also my home, husband's home and more importantly my son's home. Please if you have any advice please let me know I'd appreciate it a lot.

[Hypnos 6,578]

ROC cannot be postponed.

If you do not submit a ROC application within the appropriate window then your green card will expire and you will have to begin the process all over again.

I am sorry for your situation.

[ceadsearc 516]

Unfortunately no. However, you don't have to file in January. You can file in March or April, just make sure you do it early enough that it is accepted before your GC expires. You can also travel on your NOA1 (extension letter) as long as you return for biometrics. Costlier, yes, but the only safe solution as you will have a huge problem if you try to return on an expired green card.

[Sandra G. 5,075]

If you file ROC 15 days before expire your GC you will be fine. USCIS takes 15/20 days to send the extension letter and you can travel with the letter.

Edited December 21, 2012 by sandranj

[bigdog 376]

Unfortunately no. However, you don't have to file in January. You can file in March or April, just make sure you do it early enough that it is accepted before your GC expires. You can also travel on your NOA1 (extension letter) as long as you return for biometrics. Costlier, yes, but the only safe solution as you will have a huge problem if you try to return on an expired green card.

This is the hard part about leaving your home country and our parents are getting older, good luck.

[Brother Hesekiel 2,236]

No, you can't. You'll have to file within the 90 days proceeding the expiration of your residency.

But if you are the only viable liver donor for your father, then I'd say that has priority over your immigration status. Your husband can file a new I-130 for you and since you will be married for 2-years by that time, the result would be the same as if you filed for RoC: an unrestricted, 10-year Green Card.

What you should do is find out how long you need to stay in the hospital for the transplant. I don't think it will be 90 days though, so you may be able to work your way around it.

[bigdog 376]

No, you can't. You'll have to file within the 90 days proceeding the expiration of your residency.

But if you are the only viable liver donor for your father, then I'd say that has priority over your immigration status. Your husband can file a new I-130 for you and since you will be married for 2-years by that time, the result would be the same as if you filed for RoC: an unrestricted, 10-year Green Card.

What you should do is find out how long you need to stay in the hospital for the transplant. I don't think it will be 90 days though, so you may be able to work your way around it.

Submit your medical documents ASAP, and hope for the best. My best friend had a transplant no issues from his son.

[Christina_Joseph 0]

My GC expires April first 2013, so I'm supposed to apply next January. However my father back home is very sick (liver failure) and doctors are giving him 6 months to get a transplant or pass away. My family really needs me now and I really need them. Can I postpone ROC? I don't just wanna take off irresponsibly, this is also my home, husband's home and more importantly my son's home. Please if you have any advice please let me know I'd appreciate it a lot.

Sorry to hear about this, but I wish you the best of luck!