GC / B1-B2 validity question.

[irsragu]

Hi,

My parents were in USA for one year last year and they both got their GCs. My father was diagnosed with a terminal illness and they had to shift back to India. My father since passed away and unfortunately it has been just over a year since my mother returned to India without re-entry permit (we did not have the time to do it). Now her GC is in jeopardy. She also has a B1/B2 visa valid until 2021 and it has not been marked as cancelled as otherwise invalidated.

I know I can either re-apply for GC or use SB-1 route to re-validate the GC. But can I have her come to US on the B1 visa for 6 months? Is B1/B2 (non-immigrant visa) cancelled automatically when she got her immigrant visa.

Note - during GC process they got the I-130 approved in India and travelled to US and completed I-485 without any issue at all. They are both above 80 years.

Thanks.

[newacct]

Hi,

My parents were in USA for one year last year and they both got their GCs. My father was diagnosed with a terminal illness and they had to shift back to India. My father since passed away and unfortunately it has been just over a year since my mother returned to India without re-entry permit (we did not have the time to do it). Now her GC is in jeopardy. She also has a B1/B2 visa valid until 2021 and it has not been marked as cancelled as otherwise invalidated.

I know I can either re-apply for GC or use SB-1 route to re-validate the GC. But can I have her come to US on the B1 visa for 6 months? Is B1/B2 (non-immigrant visa) cancelled automatically when she got her immigrant visa.

Note - during GC process they got the I-130 approved in India and travelled to US and completed I-485 without any issue at all. They are both above 80 years.

Thanks.

If she wants to keep staying in the US, she should travel to the US on her GC and try to enter, with evidence of her ties to the US and the reason why she was abroad. She will probably be able to enter. Trying to enter on a visitor visa is not consistent with maintaining permanent residence in the US. If she doesn't want to live in the US anymore and want to give up her GC, she should do so explicitly by filing I-407 to give it up.

[irsragu]

If she wants to keep staying in the US, she should travel to the US on her GC and try to enter, with evidence of her ties to the US and the reason why she was abroad. She will probably be able to enter. Trying to enter on a visitor visa is not consistent with maintaining permanent residence in the US. If she doesn't want to live in the US anymore and want to give up her GC, she should do so explicitly by filing I-407 to give it up.

Thanks. That is what I am considering doing. I agree entering on non-immigrant visa is not consistent. My mother plan to stay with us permanently. Will update on progress.

[irsragu]

Thanks. That is what I am planning to take a chance with GC or SB-1 route. I know entering on non-immigrant visa is not consistent with her intent to stay there permanently.

Will update with what I end up doing.