Parents on Green Card out from US for more than a year, How to renter US ?

[EagerForHelp]

Hello all,

I am looking for some guidance from the users of this forum on this case. I am sure many of you might have gone through this and give some advice.

Basically my parents arrived in US in Dec 2013 and received there green cards. They had to leave to India in Feb 2015 for taking care of my terminally sick sister and they had been living with her providing emotional support and family support to her. She unfortunately passed away a few days back and I would like my parents to come back and stay with me. There are no children left for my parents in India and they also would like to join me here in US. So as you see they have been out of US for more than a year. What would be the best course of action for them to enter US :

1. Should they apply for the returning resident visa ( SB 1) ? Do they have a chance to get approved ?

2. If above is not possible then can I get them here on non-immigrant visa and file for their green card all over again ? If yes, then how to obtain the non-immigrant visa as they have the immigrant status which may have been voice due to extended stay abroad.

3. Just fly in and hope for the best with the CBP officer ?


Any help will be appreciated.
Thanks

[Bastad]

Hello all,

I am looking for some guidance from the users of this forum on this case. I am sure many of you might have gone through this and give some advice.

Basically my parents arrived in US in Dec 2013 and received there green cards. They had to leave to India in Feb 2015 for taking care of my terminally sick sister and they had been living with her providing emotional support and family support to her. She unfortunately passed away a few days back and I would like my parents to come back and stay with me. There are no children left for my parents in India and they also would like to join me here in US. So as you see they have been out of US for more than a year. What would be the best course of action for them to enter US :

1. Should they apply for the returning resident visa ( SB 1) ? Do they have a chance to get approved ?

2. If above is not possible then can I get them here on non-immigrant visa and file for their green card all over again ? If yes, then how to obtain the non-immigrant visa as they have the immigrant status which may have been voice due to extended stay abroad.

3. Just fly in and hope for the best with the CBP officer ?


Any help will be appreciated.
Thanks

The LEGAL way to do this would be either (1) or (2). They can try their luck with (3) - it may work or not. Up to you and them.

If you decide to do the right thing - (1) or (2) - I would go with (1). If they can build their case (sick daughter, had to go back, they expected to go back to the US but couldn't due to sickness of said daugther, etc etc etc) they have good chances of getting the SB-1.

But if they fail, they will have to surrender their green cards and start the whole process again - from India.

Good luck.

[RobertShapiro]

Hello all,

I am looking for some guidance from the users of this forum on this case. I am sure many of you might have gone through this and give some advice.

Basically my parents arrived in US in Dec 2013 and received there green cards. They had to leave to India in Feb 2015 for taking care of my terminally sick sister and they had been living with her providing emotional support and family support to her. She unfortunately passed away a few days back and I would like my parents to come back and stay with me. There are no children left for my parents in India and they also would like to join me here in US. So as you see they have been out of US for more than a year. What would be the best course of action for them to enter US :

1. Should they apply for the returning resident visa ( SB 1) ? Do they have a chance to get approved ?

2. If above is not possible then can I get them here on non-immigrant visa and file for their green card all over again ? If yes, then how to obtain the non-immigrant visa as they have the immigrant status which may have been voice due to extended stay abroad.

3. Just fly in and hope for the best with the CBP officer ?


Any help will be appreciated.
Thanks

Hey,

Either (1) or (2) would be done at the end. They can try their luck with (3) - it may work or not. Up to you and them.

If you decide to do the right thing - (1) or (2) - I would go with (1). If they can build their case (sick daughter, had to go back, they expected to go back to the US but couldn't due to sickness of said daugther, etc etc etc) they have good chances of getting the SB-1.

But if they fail, they will have to surrender their green cards and start the whole process again - from India.

Good luck.