Green Card Retention

[mithila25]

Hi,

My parents got US Green Card in 2008. They both visited US in Dec 2008. My father stayed there for 1 month and came back. Later my father got some serious health problem because of which he could not visit US again. However, my mother has been staying there regularly. Is it possible for my father to retain his Green card ? Is there any process for renewal in such cases ?

[BigJoe5]

So, dad did not apply for and receive a re-entry permit which he was entitled to apply for and would have allowed him to remain abroad for 2 years?

That is poor planning.

Now, he needs to hurry up and apply for a Returning Resident (SB-1) visa at the consulate. He has to convince them to let him return and keep his LPR status. Look at the State Department website.

If unsuccessful, someone has to re-file a new immigrant petition for him. It can be the same person who previously filed.

[mithila25]

Thanks Joe !

I read the following phrase under the qualification required to apply for SB-1 at the State Govt. Site -

-Had the status of a lawful permanent resident at the time of departure from the U.S.;

my question is, Does having a green card mean my dad is a lawful permanent resident ? (He is not a citizen yet).

[BigJoe5]

A person with a greencard is a "lawful permanent resident", LPR or a legal immigrant.

Another status is conditional permanent resident or CR (those are folks who get a 2 yr card and have to file another form later to lift conditions) they are LPR's also but with strings attached.