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Immigration Issues/Permanent Resident Parents Abroad

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Question
Hi Ajay,

My parents were petitioned by my brother last September, 2007 and eventually got their green card on the same year. However, they stayed in the USA for only 11 months. They come back here in the Philippines August 14,2008. The problem is they don"t want to go back to the USA for now, since they are both under medical treatment here . What is the best thing to do in order for their greencard not be abandoned just in case they overstay in the Philippines? Hope you could be of help. Many thanks


Best regards,
Mildred

Answer
Hi,

Your parents can stay outside the U.S. for up to one year and still enter the U.S. without a problem as long as they have a residence in the U.S. If there is a medical emergency, they can receive permission by a U.S. Consulate in the Philippines to stay in the Philippines for more than one year. Your parents should contact the Consulate to receive this permission.

The next time your parents enter the U.S., they can apply for reentry permit with the USCIS to allow them to remain outside the U.S. for up to two years: http://www.uscis.gov/files/form/I-131.pdf

In the worst case scenario, if your parents lose their permanent resident status, they can be sponsored again by your brother. Parents of U.S. citizens are considered "immediate relatives" and there is no problem with "visa availability" or "priority dates" in this category: http://www.h1b1.com/sponsor.htm

Regards,
Ajay K. Arora, Esq.
www.h1b1.com  

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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