Green card holder out of the US over a year

[pinayanne27 8]

Hi!

My grandparents are green card holders but they are out of the country for more than a year now. We would want them to come back here in the US but we don't know what to do.

What should they do so they can go back here in the US? What are the steps? Do they need to go to the US embassy in the Philippines or submit any documents first?

[EmilyW 1,434]

Have they maintained ties to the US? Lease? Cell phones? Tax returns? If not, they may be assumed to have abandoned their GCs unless there was a good reason for their absence (e.g. illness prohibiting travel). The GC is for living in the States.

Edited September 16, 2016 by EmilyW

[pinayanne27 8]

Have they maintained ties to the US? Lease? Cell phones? Tax returns? If not, they may be assumed to have abandoned their GCs unless there was a good reason for their absence (e.g. illness prohibiting travel). The GC is for living in the States.

Uhm they are both retired (78 y/o) And 1 with alzheimers. Should they visit the US embassy first?

[xmaricrisx 25]

According to the DoS website:

"A permanent resident (called lawful permanent resident or LPR) or conditional resident (CR) who has remained outside the United States for longer than one year, or beyond the validity period of a Re-entry Permit, will require a new immigrant visa to enter the United States and resume permanent residence."

The only way they would be able to come back without filing for another immigrant visa would be to prove that they had intention of returning to the US before 1yr but couldn't return due to reasons beyond their control. You can find information on that here: https://travel.state.gov/content/visas/en/immigrate/returning-residents.html#2

[pinayanne27 8]

According to the DoS website:

"A permanent resident (called lawful permanent resident or LPR) or conditional resident (CR) who has remained outside the United States for longer than one year, or beyond the validity period of a Re-entry Permit, will require a new immigrant visa to enter the United States and resume permanent residence."

The only way they would be able to come back without filing for another immigrant visa would be to prove that they had intention of returning to the US before 1yr but couldn't return due to reasons beyond their control. You can find information on that here: https://travel.state.gov/content/visas/en/immigrate/returning-residents.html#2

Hi! Is that applicable to them even if they didn't submit a re-entry permit prior to leaving the US?

[xmaricrisx 25]

Hi! Is that applicable to them even if they didn't submit a re-entry permit prior to leaving the US?

Yes, but I repeat, they only qualify if they can prove with solid evidence that they only stayed in the Philippines because they couldn't return to the US due to circumstances out of their control. If not, they will need to be petitioned once again.

Evidence includes the ff:

-Dates of travel outside of the United States (Examples: airline tickets, passport stamps, etc.)

-Proof of your ties to the United States and your intention to return (Examples: tax returns, and evidence of economic, family, and social ties to the United States)

-Proof that your protracted stay outside of the United States was for reasons beyond your control (Examples: medical incapacitation, employment with a U.S. company, etc.)

Edited September 16, 2016 by xmaricrisx

[Boiler 45,467]

What will they do about health care?

[pinayanne27 8]

Yes, but I repeat, they only qualify if they can prove with solid evidence that they only stayed in the Philippines because they couldn't return to the US due to circumstances out of their control. If not, they will need to be petitioned once again.

Evidence includes the ff:

-Dates of travel outside of the United States (Examples: airline tickets, passport stamps, etc.)

-Proof of your ties to the United States and your intention to return (Examples: tax returns, and evidence of economic, family, and social ties to the United States)

-Proof that your protracted stay outside of the United States was for reasons beyond your control (Examples: medical incapacitation, employment with a U.S. company, etc.)

We went to the consul and they said my grand parents need to re-apply. That means we need to go back from scratch right?

[Boiler 45,467]

Yep

[xmaricrisx 25]

We went to the consul and they said my grand parents need to re-apply. That means we need to go back from scratch right?

Yes, unfortunately, that is correct. Your parent will have to petition your grandparents once again.

[aleful 1,905]

hi

are your grandparents going to live in the US?

if not, then it's not worth reapplying for them, the GC isn't for tourism and to come to visit here,

they must live in the US, if they want to visit and not live here, then they should apply for a tourist visa

[Unlockable 7,314]

Also, you should take this as an opportunity to educate yourself and your family on the requirements as a green card holder.