Green card exception above 6 months

[JaguarNet 1]

Hey folks 

 

my parents are 75+ years old and they may stay outside USA for more than 6 months due to some health issues 

 

is there anyway to request exception for them? and how?

[powerpuff 6,697]

~ Moved from AOS K1/K3 Forum to General immigration discussion as the question is general and not specific to AOS from K1 ~

[Lil bear 4,201]

1 hour ago, JaguarNet said:

Hey folks 

 

my parents are 75+ years old and they may stay outside USA for more than 6 months due to some health issues 

 

is there anyway to request exception for them? and how?

They should apply for reentry permits before they leave. It allows for up to 2 years out of the US without the absence triggering the possible “ abandonment of residency” . They must file the i 131 paperwork and complete the biometrics step before leaving. The permits can be sent to the US consulate in their country if needed 

[Mike E 11,739]

3 hours ago, JaguarNet said:

Hey folks 

 

my parents are 75+ years old and they may stay outside USA for more than 6 months due to some health issues 

 

is there anyway to request exception for them? and how?

Where are they now?

[JaguarNet 1]

Now they are in Egypt they were in US for sometime now they are in Egypt and they are not able to back to US before 6 months 

[Mike E 11,739]

53 minutes ago, JaguarNet said:

Now they are in Egypt they were in US for sometime now they are in Egypt and they are not able to back to US before 6 months 

You will get lots of people telling you that this absence will cost them their green card.  This is incorrect.  
 

They should maintain ties with the USA including filing tax returns and their residence in the USA and just come back as soon as they are able to.  They should document  their reasons for not returning until 181 days or more away for the USA.   At the port of entry they should refuse to sign I-407 (to relinquish LPR status). 
 

They should review and understand https://www.aila.org/File/Related/18110604b.pdf 

 

And, 

 

 

And: 

 

https://www.cbp.gov/sites/default/files/assets/documents/2019-Mar/2019 Carrier Information Guide - ENGLISH.pdf

 

The primary point is that CBP cannot deny them entry.  Worst case they will be admitted and given a notice to appear.  I’ve never heard of anyone in their situation being given a NTA.  
 

Note that between 181 days and one calendar  at year less a day of absence is less severe than one calendar or more of absence.

 

This all said, I advise them to come home as soon as possible, no matter how long they have been away.

Edited December 27, 2021 by Mike E