LPR Mother outside country

[PGIG 22]

20 hours ago, shutterf5 said:

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

My mom is in a similar situation like urs but they have not been out that long. She has been out of US around 16 months. I am also wondering if I should have her hop on a plane and try luck with CBP officer or apply SB1 ... I am on a dilemma too. I am wondering with the new Trump adminstration, if there a chance that my mom will be deported by a CBP officer? 

[PGIG 22]

20 hours ago, Crazy Cat said:

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.

 

My mom is in a similar situation like urs but they have not been out that long. She has been out of US around 16 months. I am also wondering if I should have her hop on a plane and try luck with CBP officer or apply SB1 ... I am on a dilemma too. I am wondering with the new Trump adminstration, if there a chance that my mom will be deported by a CBP officer? 

[Crazy Cat 42,752]

***Comments split from existing topic***

[Crazy Cat 42,752]

11 minutes ago, PGIG said:

I am also wondering if I should have her hop on a plane and try luck with CBP officer

That is what I would do.  Just get on a plane and return asap.  The longer she waits, the more difficult it is likely to be at the border.

[Dashinka 25,011]

I would also have her jump on a plane.  With an absence of less than 2 yrs, I don't expect much of an issue, but make sure she understands not to sign an I407 if asked, or pressured to do so.

 

Good Luck!