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What are the possible ways to keep the status of green card alive?

Tampa, FL |

My parents have permanent residency(green card) and returned back from US last year in August. Right now my mother is severely ill and still hospitalized since last month. She might not be able to recover from the infection and weakness until August and might not be able to travel to US. In that case they might lose their Green card as they don't have any re-entry permit. What are the possible ways to save the status on their Green Card even after they complete one year without returning to USA?

Please assist asap. I will appreciate all your help.

Attorney Answers 7


  1. They should contact a U.S. consulate in the country where they are currently located to receive instructions on how to apply for a "Returning Resident Special Immigrant" visa. You can find more information about "Returning Resident (SB-1) visa on the Department of State website.

    Azam | Snytkin, P.A., 407-571-6926 www.azam-snytkin.com DISCLAIMER: This answer is provided solely for informational purposes only. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising.


  2. They will have to apply for a returning residency visa and prove that they did not intend to abandon; they intended to return and were unable to due to the circumstances. Requires an experienced attorney. Read my article below about this.


  3. Contact the Consulate to apply for a Returning Resident Visa.

    Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104


  4. They will need a returning resident visa, which they can get from the US consulate in their country.


  5. Yes, in this situation, by applying for a "special" immigrant visa at the US consulate abroad. Mother will be asked to prove her medical condition.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  6. Contact the consulate ASAP. With proof of the medical emergency your parents will not loose their LPR status.


  7. I concur with my colleagues.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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