Residency status question

[jayjose 2]

Hi all,

 

My parents have(had) a permanent residency status here in the US. Due to old age, family business being in the Philippines, and a granddaughter in the Philippines as well, my parents decided to just stay in the Philippines and let their green card expired. They haven't entered the US in the past 5 years and their green card expired 4 years ago. They currently don't have any plans on going back to the US, but just wanted to ask a few questions in case something comes up in the future. My first question is, are they still considered as a US resident even though their green card have expired and they haven't entered the US in the past 5 years? Second, if for some reason I need to bring them back to the US few years from now, will I need to file a new petition for them to get them back here? Thanks

[Roel 7,192]

Yes you will need a whole new petition for your parents. 

 

Their status is long lost. 

[Roel 7,192]

5 minutes ago, Dee elle said:

They would be considered as having abandoned their residency and could not enter the U.S. using the previously issued green card. 

Best to ensure that they actually relinquish the LPR status by completing the appropriate USCIS form and returning the GC.  This way, should they want to apply for either a tourist visa to visit, or go the LPR route in the future, everything is obvious and open.

Yes, there would be a new application needed... IF the parent visa option is still available... there is legislation  being considered in this government to remove the IR5 category. 

 

 

 

Not completely removed. Just changed. Aka health insurance requirement, parents not allowed to take US jobs, etc.