Canadian re-entry after 7 months not in US

[sbm7]

Hi experts,

My parents just got the green card this Feb 2016. My dad was flying in today and the immigration officer questioned him his intention to stay in US. His english is not so well and especially hearing so I think he wasn't able to answer all the questions correctly. But the officer told him he need I131 for next visit. If not they can arrest him and put him to court. (My dad said they used a handcuff hand gesture). They already booked a flight here in Nov 2016 coming back in to US. My dad is freaking out now we need I 131 for next visit. Can you give me some advise? My dad had prostate cancer so summer 2016 he had the radiotherapy so he couldn't visit during that time. And they are in the process of fixing up the house and sell it so they can move down to US.

Please advise. Thanks.

Bee

[TheEpsilonChaser]

Hi experts,

My parents just got the green card this Feb 2016. My dad was flying in today and the immigration officer questioned him his intention to stay in US. His english is not so well and especially hearing so I think he wasn't able to answer all the questions correctly. But the officer told him he need I131 for next visit. If not they can arrest him and put him to court. (My dad said they used a handcuff hand gesture). They already booked a flight here in Nov 2016 coming back in to US. My dad is freaking out now we need I 131 for next visit. Can you give me some advise? My dad had prostate cancer so summer 2016 he had the radiotherapy so he couldn't visit during that time. And they are in the process of fixing up the house and sell it so they can move down to US.

Please advise. Thanks.

Bee

I am not sure if USCIS officers can arrest him simply because he did not maintain his residence. The most they could do is not letting him in or recommend deportation to the court. Medical emergency is a valid reason to be out of country for an extended period of time. The fact that he has plans to move to the US and that he has ties in the US reflects your genuine interest in maintaining US residence. I'd recommend that he presents these evidence to the CPB officers. Did he ask for a translator at the point of entry? It's a standard accommodation if he does not understand English well. In any case, I highly recommend that you speak to a lawyer about this.