Bringing parents to USA....again

[vq35hr 0]

Fellas I desperately need some advice. US citizen here.  I brought my parents to USA as a permanent resident in the summer of 18. In February of 19 we all went to Australia to visit family and friends. Dad's health has declined quite a bit (2 strokes in 2 years) since and he's in Sydney with a visitor visa extension and has been advised not to fly for now. I didn't apply for travel documents before leaving due to poor financial situation. Now I'm considering bringing them back to the states as soon as he's in the clear. What do you all think is my best course of action? I don't want USCIS thinking they actively abandoned their privilege although it looks to be that way. 

[igoyougoduke 1,676]

reentry permit can only be filed while present in US. Considering the health issue, USCIS does grant advance parole in very very limited circumstances at their discretion. Have you looked into that ?

[Cyberfx1024 7,980]

10 minutes ago, vq35hr said:

Fellas I desperately need some advice. US citizen here.  I brought my parents to USA as a permanent resident in the summer of 18. In February of 19 we all went to Australia to visit family and friends. Dad's health has declined quite a bit (2 strokes in 2 years) since and he's in Sydney with a visitor visa extension and has been advised not to fly for now. I didn't apply for travel documents before leaving due to poor financial situation. Now I'm considering bringing them back to the states as soon as he's in the clear. What do you all think is my best course of action? I don't want USCIS thinking they actively abandoned their privilege although it looks to be that way. 

He will need to provide medical documentation to prove that he wasn't allowed to fly to show that he didn't willfully abandon it. 

[Georgia16 2,858]

February of 2019 then you are still within a year so if you can get them back here shortly and with your dads medical papers showing why he was hold up I think you will be fine. But seems like you can get him back here before the one year mark. 
also with your financial situation I would be a little worried with the medical cost here. 

[vq35hr 0]

1. Haven't looked into advance parole yet but I will

2. All medical paperwork has been saved as evidence. 

3. Won't be able to get him in anytime soon. His high bp is not responding well to medications so MD is not ok with him flying. His medical care in Australia is no less expensive. 

 

I'm still financially weak but am making progress. 

[SusieQQQ 11,587]

They already have green cards? Advance parole isn’t a thing then afaik. They won’t want to be paroled in, they will want to enter as LPRs.

agree best way is to save all medical documentation to present at border when they do return.  Did the doctor give you any indication of when he might be able to travel?
 

Edited January 1, 2020 by SusieQQQ

[geowrian 22,338]

Agreed that a re-entry permit is not possible at this point.

If he is able to return within a year - or even shortly after a year - then he likely would have no issue doing so with the appropriate documentation.

If it ends up being like 2 years or so, this may be a good case for an SB-1 visa. He has a valid reason for being abroad still, and he has a relative who could petition for him, so the 2 main checkboxes are checked.

Whether it's better to try to return directly versus go for the SB-1 is debatable.

[Boiler 46,322]

With those medical issues would they not be better staying in Australia?

[Georgia16 2,858]

6 minutes ago, Boiler said:

With those medical issues would they not be better staying in Australia?

He only has a visitor visa And they got that extended to it sounds like it happened on a vacation even though they have family there. 

[Boiler 46,322]

Hopefully he has good travel Insurance, talking of which certainly a UK insurer would be looking to repatriate even if it involved a Air Ambulance.

Edited January 1, 2020 by Boiler

[igoyougoduke 1,676]

26 minutes ago, geowrian said:

Agreed that a re-entry permit is not possible at this point.

If he is able to return within a year - or even shortly after a year - then he likely would have no issue doing so with the appropriate documentation.

If it ends up being like 2 years or so, this may be a good case for an SB-1 visa. He has a valid reason for being abroad still, and he has a relative who could petition for him, so the 2 main checkboxes are checked.

Whether it's better to try to return directly versus go for the SB-1 is debatable.

USCIS grants reentry permit on a very limit basis. Reentry permit is possible but odds are low considering parents have left US 

[SusieQQQ 11,587]

38 minutes ago, geowrian said:

Agreed that a re-entry permit is not possible at this point.

If he is able to return within a year - or even shortly after a year - then he likely would have no issue doing so with the appropriate documentation.

If it ends up being like 2 years or so, this may be a good case for an SB-1 visa. He has a valid reason for being abroad still, and he has a relative who could petition for him, so the 2 main checkboxes are checked.

Whether it's better to try to return directly versus go for the SB-1 is debatable.

That was why I asked if there was any estimate re being able to travel.

I would guess they would have to return to country of residence to apply for SB1, I can’t see Australia extending their visit permit yet further for the few months or so it takes to process SB1? If it is deemed returning to the US rather than returning to home country is best permanent option, I’m guessing they’d rather return direct from Australia using their green cards if possible. It’s clearly a genuine case of not intending to abandon residence and we have certainly heard of less worthy cases being allowed back in after over a year out.

 

(i do wonder about the extent if the medical conditions though. I am no expert by any stretch, but my uncle had a stroke severe enough he wasn’t initially expected to survive, but could travel within about 6 months of having it (I know this for a fact as they got kicked out of Australia after that, permanent residency revoked due to public charge concerns.) so not being able to travel for over a year seems very severe to me.  I am just wondering exactly what long term care might be needed and with no idea where the home country is, if it is not more likely to be affordable on a long term basis there.)

Edited January 1, 2020 by SusieQQQ

[vq35hr 0]

1. My brothers have just had newborns which was the reason we went there. They have 4 kids altogether and work full time but I'm all by myself which is why i think i can take care of them 

2. They have had to pay out of pocket for specialist and diagnostic exams and its been quite expensive already

3. Md thinks dad had another stroke sometime after coming to Australia which went unnoticed. Dad's vertigo is so bad now he's almost wheelchair bound whereas he used a walker when i took him there. He also fell and hit is head while on a ferry ride. His bp just won't come down for whatever reason. His been told to wait 4 months before travelling

4. Parents are considering going back to Nepal if it doesn't work out. In some ways medical care will b cheaper if they do although quality of care may not be the same

 

[Boiler 46,322]

Does not their US Insurance pick up some of these costs?

[geowrian 22,338]

2 hours ago, Donald120383 said:

USCIS grants reentry permit on a very limit basis. Reentry permit is possible but odds are low considering parents have left US 

A requirement to file the I-131 for a re-entry permit is that you are currently within the US.

If somebody was in the US, getting a re-entry permit is generally granted.