Green Card about to Expire for my parents. Please help!!

[trixie]

Hi,
My parent's Green Card is expiring in 3 weeks. They have been staying out of US for the last 8 years mainly due to health conditions. They are above 70 years of age and I would like to bring them to the US and take care of them as long as I can. As they've been away for more than a year, I'm not sure if they can just fly in to the US and get admitted thru the Customs and Border Patrol. What are my options? Looking forward to some prompt advice from helpful and knowledgable folks out there. Please advice..

[rayb]

If your parents have been out of the U.S. for more than a year without a Reentry Permit, they have "abandoned" their Green Card status.

You need to re-petition them, if you are a U.S. citizen, using form I-130 with supporting documents. It will take about 9 months for them to get new immigrant visas.

--Ray B

Hi,
My parent's Green Card is expiring in 3 weeks. They have been staying out of US for the last 8 years mainly due to health conditions. They are above 70 years of age and I would like to bring them to the US and take care of them as long as I can. As they've been away for more than a year, I'm not sure if they can just fly in to the US and get admitted thru the Customs and Border Patrol. What are my options? Looking forward to some prompt advice from helpful and knowledgable folks out there. Please advice..

[trixie]

Thanks for the quick reply Ray. I do appreciate it!
Since the GC is still not expired, is it worth trying to re-enter US on the current GC?. On the other hand, since I am a US citizen do I just file a new petition using the I-130 and just let the current GC expire?
Thanks a gain in advance.

[rayb]

If the Green Cards have not expired, they might be allowed entry if the officer does not check their passport stamps from prior departures carefully. Or even if he does, they might be allowed entry with a subsequent Immigration Court process for their abandonment issue. They might also be turned around, or detained, then sent back.

Your safest strategy is to just re-petition them.

--Ray B

Thanks for the quick reply Ray. I do appreciate it!
Since the GC is still not expired, is it worth trying to re-enter US on the current GC?. On the other hand, since I am a US citizen do I just file a new petition using the I-130 and just let the current GC expire?
Thanks a gain in advance.

[trixie]

Thank you. Now do I just let the current one expire and start a new application using form I-130? Do I have to do it before the current one expires?

[rayb]

Trixie,

The cards are already legally cancelled, since the status has been abandoned. Just because the cards haven't reached their expiration dates does not mean that they are still god.

--Ray B

Thank you. Now do I just let the current one expire and start a new application using form I-130? Do I have to do it before the current one expires?