I-130 approved but LPR outside of the US at the moment

[moonhunt 1]

My 80 year-old aunt is an LPR and petitioned her son back in 1999, they just received his NOA2 and the I-130 is now on its way to the NVC. She really doesn't like living here for health reasons even though she's been here for many, many years, and she doesn't have health insurance either. But last October she couldn't take it anymore and left. It's been seven months now and I know that she can come back without problems if she comes back with a medical letter from her doctor and hospital explaining why she stayed out of the country for so long.

But my question is this, will my cousin have any issues with the rest of his visa process if she stays in Colombia? They are currently trying to see if she's healthy enough to make the trip back but it's not a small feat at this point, they also don't want to ruin his visa process. They already have plenty of relatives who are more than willing to be their co-sponsors (including myself) and he would be staying with his brother who's already a US citizen.

Does anybody have any advice or insight of what may happen or what they need to do if anything?

Thank you very much in advance.

Diana

Did she file for I-131 Reentry Permit ?

If not, she may get into the trouble when she is trying to come back even if she has medical reason.

For in/out entry, CBP is a part of DHS, and they may share the information with USCIS.

I heard that USCIS is using IBIS system to check people's in/out record.

APIS is not implemented yet, but airline employee at check-in counter collect I-94 and other information, and pass it to CBP/USCIS.

In the past, they don't do anything about those info, but since 9/11, they send those info to outsourcing company to enter I-94 and other information to IBIS.

So they may have full records of in/out if you use airline.

For borders with Canada, and Mexico using land, I'm not sure.

[Boiler 43,434]

I have major doubts that one of the checks they do is the current Residency situation, never heard of one case.

Begs the question as to why she is not a Citizen by now. One of the advanatges, you can come and go as you please.

Has she been filing taxes?

[Mononoke28 134]

Well, she's not coming back even though we've pleaded and begged. Her health is not the best at this point so she really does not want to come back. Also, the reason why she's not a citizen yet is because even though she's over 75 years old, she doesn't speak English and has not been here long enough so she can be exempt from the English portion of the test.

Diana