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Immigration Issues/Re-entry after extended stay abroad due to illness


I want to know how my parents can return to the U.S. after spending 3.5 years in China for medical reasons. They are both green card holders who left for China in June 2010. My dad had a stroke in March 2011 and then a fall during recovery, which immobilized him and prevented them from returning within 1 year of departure. He has been in rehab and home rest since. Recently, he is able to walk for some distance without assistance. We wanted to bring them back to the U.S. in the Spring. I think they'll have trouble on re-entry due to the time lapse. They are both in their 70s, don't speak English, and are not familiar with the legal systems here. What's the best way to go about this before their trip? Thanks.

Hi Lance:
With information provided I believe your parents do have cogent reasons/explanation of the delay in returning.  Make sure they have all the medical records (Prescriptions, Doctors letters and recommendation, lab results, etc) and your sponsor/support letter.  If you wish you may accompany them on their way back.

I think they should be fine. In worst scenario, they might be put in removal proceedings and sent before an Immigration Judge where the Judge will give them all the opportunities to put their case and provide explanation.  

Best wishes,  

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Questions regarding Immigration to United States, including Removal/Deportation Proceedings, Asylum; Green Card through Family (Fiance/ee Visa, Spouse, Children, Parents, Siblings); Green Card through Employment (Labor Certification - PERM, Extra Ordinary Ability - EB1, Religious/Entrepreneur - EB4/EB5); Non-Immigrant Visas - H1B, L1, F & M, J1, J1 waiver, Humanitarian relief (Cancellation of Removal, Prosecutorial Discretion, TPS, Dream Act); Hardship Waiver (I-601/212) etc., are welcome.


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