GC Holder parents never visited US for more than a year, Can I apply for B1/B2 ?

[remasundar]

My parents got their green card in 2014 sponsered by me under family based green card category. They had been visiting US since 2014, but left on August 2017 and has not visited US due to health reasons and other issues. I would like to bring them to US again but concerned about the risks since it has been more than year they are outside US. Can i apply visitor visa for them without surrendering their green card. When filing the application i have mentioned about green card information in the form D160. Will they have any problems entering US ? Can they surrender the green card at the consulate while attending the visa interview for B1/B2 ? Any one had similar experience. ? I would like to bring them before May 20th 2019. Thanks in advance.

[Totellthetruth]

My parents got their green card in 2014 sponsered by me under family based green card category. They had been visiting US since 2014, but left on August 2017 and has not visited US due to health reasons and other issues. I would like to bring them to US again but concerned about the risks since it has been more than year they are outside US. Can i apply visitor visa for them without surrendering their green card. When filing the application i have mentioned about green card information in the form D160. Will they have any problems entering US ? Can they surrender the green card at the consulate while attending the visa interview for B1/B2 ? Any one had similar experience. ? I would like to bring them before May 20th 2019. Thanks in advance.

Hi

Most people would not know about this but U,S GREEN CARDS NEVER EXPIRES.......EVER .... I mean originally the green cards issued between 1970s and 80s thru the latest ones until 1989 was indefinitely and had no expiration dates on them .so USCIS give a notice to anyone who is a green card holder to be able to return to usa within 20 years and they would still keep their legal permanent residency, so 1989 - 1999 - 2009 was the limit but even today they can still come back ...

WHY ? BECAUSE ...........GREEN CARDS NEVER EXPIRES THATS WHY ...

So in your parents case, they got their green cards in 2014 and they made their in and outs until August of 2017 right ? so after that they never entered the u.s ,, ok no problems AT ALL

Now first thing first ....

1- if a person is been a u.s resident meaning a green card holder they cant and should not apply for a u,s visa .doesn't matter what kinda visa, they simply can NOT and should NOT . unless they surrendered their resident cards upon departing from usa and legally get over with it

BUT this is not the case for your parents who were and STILL are legal Permanent residents in the u.s and at the worse case THEY ARE JUST whats called RETURNING RESIDENTS

2- Your parents needs NO B1/B2 visas and should NEVER APPLY FOR A U,S VISA BECAUSE it will show that THEY ARE U,S RESIDENTS.. therefore I have to say .... are you ok ?

but also THEY CAN LEGALLY APPLY FOR A VISA CALLED >>> SB1 VISA <<< AS RETURNING RESIDENTS IN A U,S EMBASS

https://travel.state.gov/content/tra...-resident.html

BUT I WILL STILL SAY .. STOP RIGHT THERE AND DONT LET THEM DO THAT because if they apply for SB1 visa it will take like 3 months and

simply to say that they have nothing to do with u,s embassy because THEY ARE GREEN STILL CARD HOLDERS...

SO WHAT TO DO ?

3- All you need them to buy their tickets and fly to u,s where you are living and upon entry they will be stopped by CBP and questioned

and at at that time

1-- They can have documents showing that they were either having some kind of illness and treatment or few other reasons and thats why they couldnt return to u,s

and IM SO POSITIVE THAT THEY WILL LET THEM IN ...

BECAUSE :

a- They still have valid green cards

b- They still have an address in the u,s

c- And most important they have a u,s citizen son waiting for them ....

So the whole thing is as simple as that

Good Luck

[Space]

Plus one for the above comment. The main risk of leaving the U.S for more than a year is U.S may think that they have decided to abandon their residency. However, inability to travel back due to health concerns shouldn't result in that. This is especially true if they still maintained various assets in the U.S throughout that time. It shouldn't be a difficult to form a convincing argument that they never intended to abandon their residency.

[remasundar]

OK Thank you for your response !!! Considering these options now.

[remasundar]

I was in a confused state, only this morning I saw your response. Yesterday I had submitted D-160 for my parents for B1/B2, paid fees but I have not scheduled the appointment.
After seeing your response, I am now convinced, that I don't have to be concerned about my parents staying outside for more than 1 year, as long as they furnish medical records and certificate when asked.
If I don't pursue on this D-160 application anymore. Would this D-160 become cancelled. I hope my submission of the application should not cause further confusion.
Please clarify.

Thanks in advance.