Health Issue

[Preet 0]

Hello Everyone,

My parents are both Green Card holders from India. However, shortly after my mother got her Green card, she was diagnosed with dementia and her health began to deteriorate. As of right now, she has no capability of taking care of her daily needs herself and my father is her primary care taker. Over the years we have been having them travel to the US once a year to keep their Green card active. However, now traveling is becoming a big problem for my father having to manage her the entire trip here and back. We have filed the I-131 twice already to get a 2 year extension so that they can avoid the travel. Furthermore, her Green Card is to expire in December and we need to apply for a renewal.

My question is, is there anything we can do on a medical basis where they wouldn't have to travel, however still keep their Green cards. I am especially interested in keeping my father's green card active so that he can travel to the US freely, because he fortunately is in good health. So if he can get some sort of an exemption based on the fact that he is her primary care taker?

Secondly, if we can avoid the travel, is there any way we can renew my mother's green card in India? Any guidance is much appreciated.

Thank you

[NewBeginnings1 10]

I am in a similar situation with my spouse. I am interested to see the responses. Dealing with mental ill complicates everything.

[teeak 224]

Is their primary residence in India? The purpose of the green card is to become a permanent resident in the US and it is expected that the green card holder spends the majority of their time in the US.

[Boiler 45,486]

Green Card is for living in the US, not visiting the US.

[Umka36 781]

Unless there is more to this, the issue is that the GC is for living in the US not as permanent visitor pass.

[Preet 0]

Yes, that was the initial intention for them to move to the US. However, my mother does well in India than she does here, because of the familiarity of the house there. The reason for my question is to keep my father's green card active so that down the road he can come live here.

Is their primary residence in India? The purpose of the green card is to become a permanent resident in the US and it is expected that the green card holder spends the majority of their time in the US.

[Boiler 45,486]

So he has been filing taxes, has Obamacare etc?

[Preet 0]

Yes on taxes for the last few years since the time he has been spending most of his time in India. He only spends about a month here in the USA wen he visits, so no Obamacare...

Edited April 20, 2016 by Preet

[Merrytooth 5,748]

Perhaps, he should turn in the green card and apply for tourist visa instead?

When he is ready to move to US again, you petition for him?

[Umka36 781]

Another option is to cancel your mom's GC, and continue the re-entry permit for your dad. When do you expect your dad to live in the US permanently?

If it's a long way down the road, then it's probably best that they both give up their GC, and file for a visitor visa. When your dad is ready to move to the US, file another petition.

[Preet 0]

What would be the probability that the future petition would be approved considering he turned over his Green card once?

Perhaps, he should turn in the green card and apply for tourist visa instead?

When he is ready to move to US again, you petition for him?

[Unlockable 7,314]

Looks like they are at risk of losing the green card altogether. As others have stated they should be living in the US. Being in the US 1 month a year is going to be problematic.

[Merrytooth 5,748]

What would be the probability that the future petition would be approved considering he turned over his Green card once?

It should not be a problem to petition for your father again in future. (immediate family visa category)

Many LPR and their USC spouses move overseas, when they are ready to move back permanently to US, they file the petition again.

[IcezMan_IcezLady 582]

Things will get even more complicated for future petition, if immigration discovers this "behavior" and invalidate the GC.

Let them apply for multiple entry visa. And the fact that they are old will even help their if they don't any abuse of their privileges.

[UnaMexicana 153]

Keep in mind once they get GC cancelled and enter on tourist visa, your das cannot be in the US for 11 months at a time as has been the case. Even if he enters for 6 months, he needs to stay out for a longer period of time than he is in the country (US).