Re-entry of Green card holder after 3 yrs

[nirmit]

Hello Guys.

My Parents has Green card but after staying for 3months in USA they went back to home country (India) as my mom was not feeling well n underwent treatment in India. Its been 3.5yrs they are there in India n now want to come back to USA.


My questions :

1. What will happen if they try to enter in USA after 3.5yrs ? We dint apply for Re-Entry permit that time.
2. Will they allow to board the flight at Home country (Indian) airport and at any layover airport??
3. Will they give entry at US border ? (We dont hv Re-entry permit or anything but we have documents to show that my mom was sick and was under treatment in USA as well as in India )

Could anyone suggest/ give inputs on this if someone has gone thru this kind of situation?

Thanks.

[R78]

A big NO NO.
Any extended time outside the country (without a re-entry permit) is considered abandonment of the green card. Your case pushes it to the limit by being outside for 3.5 yrs.
For this purpose, a valid green card does not mean a whole lot as you have abandoned the residency requirements. Don't put your parents through the long flight only to be sent back at the border.
I would hire a competent attorney who can review all the paperwork and give you the best input.

[nirmit]

thnx buddy for ur inputs.

[Mike E]

Read https://qr.ae/TW2FlM

Here is the playbook:

* get a b1/b2 visa.

* board the plane using the b1/b2 visa.

At immigrant present the green card and visa.

Tell CBP they want to enter on their green cards.

The officer should admit them and they will go to immigration court.

If the officer refuses admittance under the green card and pressures them to sign a document that says they give up their LPR status then they should sit tight and refuse to do that.

[Mike E]

Another one. https://qr.ae/TW2HIg

This guy was gone 4 years and bought a one way ticket just before his gc expired. He had one hour in secondary with a big stack documents showing he maintained USA residency. Re-Admitted as an LPR without having to go to court.

[nirmit]

thnx Mike nice info it made me confident