Reentry issue for Green Card Holders

[Saadiah 0]

         My parents had gotten their Green Card through me, at that time my father was almost ending his job in Saudi Arabia so they spent very little time in the US. After that, COVID struck and they couldn't travel to the US. My father tried contacting the US Embassy (now they were in their home country Pakistan) but everything was closed. Once the embassies opened they both visited the US Embassy in Islamabad with their doctor's letter and all proof of previous attempts of correspondence. But the officer denied them entry as they didn't have strong ties with the US. 

         They still have their valid Green Cards. They were asked to re-apply for immigration. We started I-130 and it got approved and now we are asked to submit form I-824 as they are outside the US. Now at this step, we came to know that we received an approval notice for just my father, and upon checking we came to know that we only submitted a single I-130 for my father. 

         Now, before proceeding further I want to make sure we are on the right track and not making any further mistakes. Please guide what should be done.

Thanks 

[Dashinka 24,480]

Have them fly to another country like UAE or Qatar, then board a plane to the US.  Maybe @Mike E might have some other ideas.

 

Good Luck!

[Boiler 45,449]

Why do as just the father sponsored

[SalishSea 17,803]

1 hour ago, Saadiah said:

My parents had gotten their Green Card through me, at that time my father was almost ending his job in Saudi Arabia so they spent very little time in the US.

Well this was not smart.  GCs are for living in the US.  If they were not ready to give up work and home overseas, they should have waited to pursue GC.  Sounds to me like they abandoned their LPR status.

[Saadiah 0]

1 hour ago, Dashinka said:

Have them fly to another country like UAE or Qatar, then board a plane to the US.  Maybe @Mike E might have some other ideas.

 

Good Luck!

I find it quite risky...

[Saadiah 0]

35 minutes ago, SalishSea said:

Well this was not smart.  GCs are for living in the US.  If they were not ready to give up work and home overseas, they should have waited to pursue GC.  Sounds to me like they abandoned their LPR status.

My father during his overseas job wanted to get a visit visa but it was rejected with the reason that as your daughter is a US citizen apply for immigration. 

I just want to know if I had to submit separate I 130 for each one of them.

[Mike E 11,739]

1 hour ago, Dashinka said:

Have them fly to another country like UAE or Qatar, then board a plane to the US.  Maybe @Mike E might have some other ideas.

 

Good Luck!

Seems like a good case for traveling as returning residents, especially since their child is a U.S. citizen.

 

Logically, giving them an NTA is a waste of time because they would be able to file I-485 in that event.

 

Pakistani citizens require a visa for UAE. So Qatar is the better option: book a round trip to Doha, enter Qatar, book a flight to JFK. 

 

27 minutes ago, SalishSea said:

Sounds to me like they abandoned their LPR status.

 

 

I get beaten up here all the time for not buying into the VJ conventional wisdom that

 

* it is OK for new LPRs to spend more time outside the U.S. to wrap things up

 

* and so a re-entry permit is not needed

 

They got caught by covid and then medical issues. So a re-entry permit was needed as it turned out. At the very least, applying for one would have made a stronger case that they did not intend to abandon status. 
 

LPR status is for living in the U.S., period.

 

2 minutes ago, Saadiah said:

I find it quite risky...

Please list the risks.

[Dashinka 24,480]

3 minutes ago, Saadiah said:

I find it quite risky...

What is risky.  They both have valid GCs, and sure they have been outside of the US for some time, there are many instances of LPRs returning after an extended stay.  The alternative is starting over.

 

Good Luck!

[Dashinka 24,480]

3 minutes ago, Mike E said:

Seems like a good case for traveling as returning residents, especially since their child is a U.S. citizen.

 

Logically, giving them an NTA is a waste of time because they would be able to file I-485 in that event.

 

Pakistani citizens require a visa for UAE. So Qatar is the better option: book a round trip to Doha, enter Qatar, book a flight to JFK. 

 

 

 

I get beaten up here all the time for not buying into the VJ conventional wisdom that

 

* it is OK for new LPRs to spend more time outside the U.S. to wrap things up

 

* and so a re-entry permit is not needed

 

They got caught by covid and then medical issues. So a re-entry permit was needed as it turned out. At the very least, applying for one would have made a stronger case that they did not intend to abandon status. 
 

LPR status is for living in the U.S., period.

 

Please list the risks.

Thanks for clarifying.  I was just throwing out a couple of route options.  I agree, Doha is the best option.

[EM_Vandaveer 2,408]

2 hours ago, Saadiah said:

         My parents had gotten their Green Card through me, at that time my father was almost ending his job in Saudi Arabia so they spent very little time in the US. After that, COVID struck and they couldn't travel to the US. My father tried contacting the US Embassy (now they were in their home country Pakistan) but everything was closed. Once the embassies opened they both visited the US Embassy in Islamabad with their doctor's letter and all proof of previous attempts of correspondence. But the officer denied them entry as they didn't have strong ties with the US. 

         They still have their valid Green Cards. They were asked to re-apply for immigration. We started I-130 and it got approved and now we are asked to submit form I-824 as they are outside the US. Now at this step, we came to know that we received an approval notice for just my father, and upon checking we came to know that we only submitted a single I-130 for my father. 

         Now, before proceeding further I want to make sure we are on the right track and not making any further mistakes. Please guide what should be done.

Thanks 

They applied for SB-1 visas and were denied? That was a mistake if they had valid GCs...

[EM_Vandaveer 2,408]

To the main question: yes, your mother needs her own I-130 but why this & the SB-1 applications are being done before them trying to enter on valid GCs is beyond me...

[Saadiah 0]

31 minutes ago, Mike E said:

Seems like a good case for traveling as returning residents, especially since their child is a U.S. citizen.

 

Logically, giving them an NTA is a waste of time because they would be able to file I-485 in that event.

 

Pakistani citizens require a visa for UAE. So Qatar is the better option: book a round trip to Doha, enter Qatar, book a flight to JFK. 

 

 

 

I get beaten up here all the time for not buying into the VJ conventional wisdom that

 

* it is OK for new LPRs to spend more time outside the U.S. to wrap things up

 

* and so a re-entry permit is not needed

 

They got caught by covid and then medical issues. So a re-entry permit was needed as it turned out. At the very least, applying for one would have made a stronger case that they did not intend to abandon status. 
 

LPR status is for living in the U.S., period.

 

Please list the risks.

I don't want my old parents to suffer in case they are denied the entry.

[Mike E 11,739]

17 minutes ago, Saadiah said:

I don't want my old parents to suffer in case they are denied the entry.

Legally that is impossible.

 

 

[Saadiah 0]

23 minutes ago, EM_Vandaveer said:

To the main question: yes, your mother needs her own I-130 but why this & the SB-1 applications are being done before them trying to enter on valid GCs is beyond me...

They went to us embassy in islamabad and they were denied sb1 saying they don't have strong ties with the US. After that my father applied for his visit visa that got denied too. 

[Dashinka 24,480]

Just now, Saadiah said:

They went to us embassy in islamabad and they were denied sb1 saying they don't have strong ties with the US. After that my father applied for his visit visa that got denied too. 

Not very familiar with the SB1, but I doubt they would issue a B2 to a person with a valid GC.  Did he file an I407 before attempting to get a visitor visa?