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  • Is Returning to the USA Possible?

    Hello,

    My son and I are U.S. citizens, and my spouse held a Green Card. On January 28th, 2016, my spouse traveled to India due to his father's passing. He had been ill and hospitalized in the USA in December 2015 and had a history of mental illness. While in India, his health deteriorated, and he couldn't return to the US alone by January 2017. Currently, he is in the hospital. He obtained his Green Card in 2001 and never had any issues returning to the USA or applied for a reentry visa. I'm seeking advice on whether he is still eligible to return to the USA on his current Green Card, which expires in 2022. He has been a law-abiding resident, working as a software engineer since 1998, paying taxes, and koows not koows receiving any government benefits. Your urgent assistance is greatly appreciated.
    Last edited by OlivianKocja; 10-27-2023, 05:27 AM.

  • #2
    I understand that you are concerned about your spouse's ability to return to the United States on his current Green Card, which expires in 2022. He has been a law-abiding resident, working as a software engineer since 1998, paying taxes, and not receiving any government benefits.

    There are a few things to consider:
    • How long has your spouse been outside of the United States? If he has been outside of the United States for more than one year without a re-entry permit, he may be considered to have abandoned his permanent resident status.
    • Does your spouse have any proof of his ties to the United States? This could include things like a job offer, a home, or family members who live in the United States.
    • Is your spouse's Green Card still valid? If his Green Card expires before he returns to the United States, he will need to apply for a new one.

    If your spouse has been outside of the United States for more than one year without a re-entry permit, he may still be able to return to the United States if he can prove that he had good cause for his absence. He could do this by submitting evidence of his medical condition or other extenuating circumstances.

    If your spouse's Green Card expires before he returns to the United States, he can apply for a new one through the U.S. embassy or consulate in India.

    I recommend that you contact an immigration attorney to discuss your spouse's case. An attorney can help you to assess your spouse's eligibility to return to the United States and advise you on the best course of action.

    Urgent assistance:

    If your spouse needs to return to the United States urgently, you may be able to apply for humanitarian parole. Humanitarian parole is discretionary relief that allows a foreign national to enter the United States temporarily for urgent humanitarian reasons. To apply for humanitarian parole, you will need to submit Form I-131, Application for Travel Document, to the U.S. Citizenship and Immigration Services (USCIS).

    Please note that this is just general information and does not constitute legal advice. It is important to consult with an immigration attorney to discuss your specific situation.

    Comment


    • #3

      It is possible that your spouse may still be eligible to return to the United States on his current Green Card, but it is important to note that he has been outside of the country for more than one year. This could mean that his Green Card has been abandoned, or that he will need to apply for a reentry permit.

      To determine whether or not your spouse's Green Card is still valid, you will need to consider the following factors:
      • The length of time he has been outside of the United States. If he has been outside of the country for more than one year, his Green Card may have been abandoned.
      • The reason for his absence. If he has been outside of the country due to illness or other circumstances beyond his control, he may be able to apply for a reentry permit.
      • His ties to the United States. If he has a job, home, and family in the United States, this will strengthen his case that he does not intend to abandon his Green Card.

      If you are unsure whether or not your spouse's Green Card is still valid, or if he needs to apply for a reentry permit, you should consult with an immigration attorney.

      Here are some steps you can take to help your spouse return to the United States:
      1. Gather all relevant documentation. This includes your spouse's Green Card, passport, medical records, and evidence of his ties to the United States.
      2. Prepare a detailed explanation of your spouse's absence. This should include the reason for his absence, the circumstances of his illness, and the steps you have taken to try to return him to the United States.
      3. Consult with an immigration attorney. An attorney can help you determine whether or not your online2yu and echat spouse's Green Card is still valid and can assist you with the reentry permit application process, if necessary.

      I hope this information is helpful. Please let me know if you have any other questions.
      Last edited by ThanogHamros; 04-23-2024, 05:10 AM.

      Comment


      • #4
        The good news is that there is a good chance that your spouse is still eligible to return to the United States on his green card. The US Citizenship and Immigration Services (USCIS) considers a number of factors when determining whether a green card holder has abandoned their status, including:
        • The length of time the green card holder has been out of the country
        • The reason for the green card holder's absence
        • The green card holder's ties to the United States, such as employment, property ownership, and family ties
        • Whether the green card holder has applied for a reentry permit

        In your spouse's case, he has been out of the country for more than one year, but he has a valid reason for his absence (his father's passing and his own health problems). He also has strong ties to the United States, including employment, property ownership, and family ties. Additionally, he has never had any problems returning to the United States in the past.

        Based on these factors, it is likely that USCIS omegle will owespeedtest consider your spouse's green card to be still valid. However, it is important to note that USCIS has the final say on this matter.
        Last edited by HakhamDamodar; 12-05-2023, 05:38 AM.

        Comment


        • #5
          An SB-1 visa is a visa that is specifically for LPRs who have been outside of the United States for more than one year due to a medical condition. To apply for an SB-1 visa, your spouse must submit Form I-131 and Form I-327, Application for Permission to Reapply for Admission into the United States After Deportation or Removal, to the U.S. embassy or consulate in India.

          The best way to determine which document is right for your spouse is to contact
          voojio an owespeedtest immigration attorney. An attorney can review your spouse's case and advise you on the best course of action.
          Last edited by BhambriRohunu; 02-19-2024, 04:16 AM.

          Comment


          • #6
            Originally posted by OlivianKocja View Post
            Hello,

            My son and I are U.S. citizens, and my spouse held a Green Card. On January 28th, 2016, my spouse traveled to India due to his father's passing. He had been ill and hospitalized in the USA in December 2015 and had a history of mental illness. While in India, his health deteriorated, and he couldn't return to the US alone by January 2017. Currently, he is in the hospital. He obtained his Green Card in 2001 and never had any issues returning to the USA or applied for a reentry visa. I'm seeking advice on whether he is still eligible to return to the USA on his current Green Card, which expires in 2022. He has been a law-abiding resident, working as a software engineer since 1998, paying taxes, and receiving any government benefits. Your urgent assistance is greatly appreciated.
            It would be better if you can contact the nearest US embassy or consulate for guidance on the specific steps you'll need to take.​

            Comment


            • #7
              Originally posted by OlivianKocja View Post
              Hello,

              My son and I are U.S. citizens, and my spouse held a Green Card. On January 28th, 2016, my spouse traveled to India due to his father's passing. He had been ill and hospitalized in the USA in December 2015 and had a history of mental illness. While in India, his health deteriorated, and he couldn't return to the US alone by January 2017. Currently, he is in the hospital. He obtained his Green Card in 2001 and never had any issues returning to the USA or applied for a reentry visa. I'm seeking advice on whether he is still eligible to return to the USA on his current Green Card, which expires in 2022. He has been a law-abiding resident, working as a software engineer since 1998, paying taxes, and not receiving any government benefits. Your urgent assistance is greatly appreciated.
              An attorney specializing in immigration law can assess your situation thoroughly and advise you on the best way to proceed. They can guide you through the process of applying for a re-entry permit or potentially filing for naturalization (if eligible).

              Comment


              • #8
                Originally posted by OlivianKocja View Post
                Hello,

                My son and I are U.S. citizens, and my spouse held a Green Card. On January 28th, 2016, my spouse traveled to India due to his father's passing. He had been ill and hospitalized in the USA in December 2015 and had a history of mental illness. While in India, his health deteriorated, and he couldn't return to the US alone by January 2017. Currently, he is in the hospital. He obtained his Green Card in 2001 and never had any issues returning to the USA or applied for a reentry visa. I'm seeking advice on whether he is still eligible to return to the USA on his current Green Card, which expires in 2022. He has been a law-abiding resident, working as a software engineer since 1998, paying taxes, and not receiving any government benefits. Your urgent assistance is greatly appreciated.
                If you were a lawful permanent resident (green card holder) and left the US for less than one year, or with a valid re-entry permit, you can apply for a Returning Resident Visa to resume your permanent residency

                Comment

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