Bringing parents to USA....again

[igoyougoduke 1,656]

1 hour ago, geowrian said:

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.

That's true. its cleary indicated in i-131 instructions that they can grant exceptions in this case the medical emergency can be submitted as an exception. again its a discretion from uscis

[SusieQQQ 11,586]

36 minutes ago, Donald120383 said:

That's true. its cleary indicated in i-131 instructions that they can grant exceptions in this case the medical emergency can be submitted as an exception. again its a discretion from uscis

Can you reference where in the instructions it says this? I can see the bit that has an exception for advance parole to be issued from outside the US, but i don’t see the part where it says the same for a re-entry permit. 

[vq35hr 0]

Insurance options for them in USA was just atrocious. I was taking income based clinics for their physicals and prescription meds. It's even worse in Australia says my brother. 

[agrabs 241]

1 hour ago, vq35hr said:

Insurance options for them in USA was just atrocious. I was taking income based clinics for their physicals and prescription meds. It's even worse in Australia says my brother. 

You need to have a plan in place for how you intend to pay for his medical care.  Paying out of pocket for physicals and prescription medications is one thing,  but paying for hospitalization or long term care is a whole different thing.  If the cost of insurance seemed atrocious that is nothing  compared to what you will pay out of pocket for a visit to the emergency room or in patient hospital care.  I understand that the quality of care might be different here, but if he can't get what he needs because the cost is prohibitive then he may be better off at home.

[Nitas_man 3,100]

8 hours 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. 

This is classic case for SB1 (returning resident) visa.

Not many have been recorded here.

Here ya go.  

 

Edited January 2, 2020 by Nitas_man

[geowrian 22,337]

3 hours ago, Donald120383 said:

That's true. its cleary indicated in i-131 instructions that they can grant exceptions in this case the medical emergency can be submitted as an exception. again its a discretion from uscis

Can you provide a reference or page number in the instructions?

[Nitas_man 3,100]

9 hours 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. 

https://travel.state.gov/content/travel/en/us-visas/immigrate/returning-resident.html

 

Read this carefully

Edited January 2, 2020 by Nitas_man

[SusieQQQ 11,586]

52 minutes ago, Nitas_man said:

This is classic case for SB1 (returning resident) visa.

Not many have been recorded here.

Here ya go.  

 

Question for you @Nitas_man as someone who has been through this process - does it involve another round of affidavit of support/checking public charge issues as with the original green card?

[Nitas_man 3,100]

1 minute ago, SusieQQQ said:

Question for you @Nitas_man as someone who has been through this process - does it involve another round of affidavit of support/checking public charge issues as with the original green card?

They only asked me for a new I-134 so Nita’s still under the I-864 filed in 2012

[SusieQQQ 11,586]

13 minutes ago, Nitas_man said:

They only asked me for a new I-134 so Nita’s still under the I-864 filed in 2012

Ok. Wondering if the reason for needing the SB1 would raise that as an issue, though. We’ve seen a few cases now with sponsors of new green card applicants being asked to show they can meet health care costs (cases include both elderly ill parents and disabled children).  

[Nitas_man 3,100]

10 hours ago, SusieQQQ said:

Ok. Wondering if the reason for needing the SB1 would raise that as an issue, though. We’ve seen a few cases now with sponsors of new green card applicants being asked to show they can meet health care costs (cases include both elderly ill parents and disabled children).  

It’s very possible.  Also when you file the initial request they take your green card.  If denied, I do not know if you get it back.  Hers was in the magical envelope that they open at POE and they returned it to her there.

[vq35hr 0]

Digging up this old thread for an update. Parents could not make it back to USA. They did travel back home to Nepal from Australia as dad wanted to sort out the financials. He passed away this year. Fate perhaps. Now I am applying for returning resident visa to get her here in 21. Are you folks having a significant delay in processing these applications right now?

[aaron2020 11,651]

23 minutes ago, vq35hr said:

Digging up this old thread for an update. Parents could not make it back to USA. They did travel back home to Nepal from Australia as dad wanted to sort out the financials. He passed away this year. Fate perhaps. Now I am applying for returning resident visa to get her here in 21. Are you folks having a significant delay in processing these applications right now?

Sorry for your loss.

Unfortunately, your mother is unlikely to qualify for an SB-1 visa.  She was able to fly to Nepal, so there was no reason why she wasn't able to return to the US.  

[Adventine 3,196]

9 minutes ago, aaron2020 said:

Sorry for your loss.

Unfortunately, your mother is unlikely to qualify for an SB-1 visa.  She was able to fly to Nepal, so there was no reason why she wasn't able to return to the US.  

I am also sorry for the OP's loss.

 

I assume that the mother needed to accompany and take care of her spouse until he passed away in Nepal. Would that not qualify as a justifiable reason for staying outside the US for so long? I also heard Nepal's borders have been closed most of this year.

[aaron2020 11,651]

4 minutes ago, Adventine said:

I am also sorry for the OP's loss.

 

I assume that the mother needed to accompany and take care of her spouse until he passed away in Nepal. Would that not qualify as a justifiable reason for staying outside the US for so long? I also heard Nepal's borders have been closed most of this year.

Unfortunately, the CO at the US Embassy in Nepal is going to look at it this way.

It seems that the parents went home to Nepal.  This makes it hard to point to the US as home.  

Flying to another country is not outside of the mother's control.  It was a choice that she made to stay outside the US and not return to the US.

Edited December 18, 2020 by aaron2020