Advice on parents' green card situation

[shutterf5 0]

Hi everyone,

I am looking for help related to my parents' US immigration. Their chronology is as follows.

(a) I came to the US and got my greencard and citizenship in 2017. My parents visited me a few times on a B1/B2 visa.
(b) In 2019, I decided to sponsor my parents for US permanent residence. I filed their I-130. Parents went to the Mumbai consulate and got the DS-260 approved.
(c) They entered the US in April 2019 and got their greencards issued which show they are valid until 2029.
(d) They stayed in the US and traveled to India in September 2019 to take care of some family issues for 2-3 months.
(e) They got stuck in India in the middle of COVID-19. Since they are in their 60-70s, I also suggested they stay in India until COVID situation gets resolved.
(f) Since global pandemic persisted, they changed their travel plans multiple times.
(g) Both got into variety of health issues (heart-related problems as my dad had his open-hearth surgery done few years ago and mother had prolonged diabetes -induced problems). Due to their health issues, they decided to stay in India since 2019.
(h) Their healths have improved now. They now want to travel to the US this summer. But we understand they have not met the greencard residency requirements since 2019.

We are now in a limbo — what is the best course of action for them to be able to travel. If possible, I want their US permanent residence to continue as they plan to stay in the US in the future. But if it is not possible, should they apply for a visitor B1/B2 visa and travel intermittently for six month stays.

We do not know what is their best course of action given their greencard ambiguity. Any guidance or tips on this matter will be super helpful. Thanks in advance.

Regards,
Reya

[OldUser 8,157]

32 minutes ago, shutterf5 said:

We are now in a limbo — what is the best course of action for them to be able to travel. If possible, I want their US permanent residence to continue as they plan to stay in the US in the future. 

The best course of action is to return to the US and not leave for few years until they naturalize.

[Crazy Cat 42,752]

The Covid excuse won't work any longer.  They could have returned several years ago. 

 

Options as I see them:

1.  Board a plane and return to the US ASAP.  Do not sign an I-407 if asked to do so. Hopefully, CBP will not refer them to an Immigration Judge.

2.  Voluntarily surrender their Green Cards by submitting an I-407 from India, then reapply for immigration or visitor benefits.

 

If they want to live in the US, I would try #1 first.  Other members might feel differently.

 

Edited Sunday at 07:48 PM by Crazy Cat

[OldUser 8,157]

34 minutes ago, shutterf5 said:

But if it is not possible, should they apply for a visitor B1/B2 visa and travel intermittently for six month stays.
 

They are LPRs and cannot get tourist visas.

[nastra30 2,464]

34 minutes ago, shutterf5 said:

They now want to travel to the US this summer.

They want to come back as permanent residents or as tourists? Which is which?

[Boiler 46,414]

What have they done to maintain their US residency?

 

You mention health issues what is their plan to pay for these?

 

[Demise 1,369]

Have them travel to US. CBP can do one of three things:

1. Admit them as LPRs.

2. Parole them for removal proceedings.

3. Pressure them to sign I-407, in case of which they will need to decline and wait out CBP, which will lead to one of the two outcomes above.

 

So if they end up getting readmitted as LPRs they'll be good to go, just have them wait out the 5 years and naturalize. If they are paroled for removal proceedings then you can file new I-130s for them with USCIS, then they'll file new I-485s with the court and they'll be able to just re-adjust.

 

Yeah fun fact, USCIS doesn't allow you to re-adjust. Immigration courts do, so filing a new I-130/I-485 is in fact a defense to removal.

[JD2 105]

What about a Returning Resident Visa?

https://travel.state.gov/content/travel/en/us-visas/immigrate/returning-resident.html#1

https://in.usembassy.gov/visas/immigrant-visas/returning-resident-visa/

[Crazy Cat 42,752]

9 hours ago, JD2 said:

What about a Returning Resident Visa?

https://travel.state.gov/content/travel/en/us-visas/immigrate/returning-resident.html#1

https://in.usembassy.gov/visas/immigrant-visas/returning-resident-visa/

Not likely to work.

[Dashinka 25,011]

I agree that an SB-1 will most likely not be successful, but they can always try.  As others have asked, it is important to understand what their long-term plans are to give good advice.  If they plan on only visiting the US, then LPR status is not really for them, but if they plan on re-establishing residency in the US, the I would also hop on a plane and hope for the best.

 

Good Luck!

[Crazy Cat 42,752]

***Hijack comment split to new topic thread***