Should I file DS 117 or Show up in the US and explain?

[capt_nemo 0]

My mother came to US with Green Card and then after a year went back to Bangladesh for a short visit in 2011. During that visit, she had a brain stroke and two major heart attacks. It was not possible for her to travel back to US until now (somewhat stable). She did not have reentry permit as that was not the plan.

Now, can she travel to US and explain along with medical papers why she was out for 3 years? Or she must submit DS 117? What's the best route? DS 117 requires her to make trips to the embassy and medical exams which could be very demanding for her.

[Ian H. 207]

I'm not sure. There are people who reenter the US after being away for a while, but I don't know how it works. I'm not sure if she would be denied entry.

I would say the best thing to do is go to the embassy and file the form. Since this was something that was clearly beyond her control and that she was there on a short visit she can easily prove that she didn't abandon her status.

She should gather as much evidence as possible regarding all of her medical visits and hospitalizations. She should also have proof that she maintained ties to the US.

I would consult a lawyer as to how best proceed because I don't want to say that she can travel back without getting the returning resident visa and then be denied entry or something. I hope she is well and good luck.

Here is a link with info about the SB-1 visa:

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