Quick Question

[joshbola 0]

Hey Guys, I keep forgetting to ask this question, My uncle who is currently in India is a Green Card Holder and I believe he told me that he will have to retuen to the US before Sep 10 or 11 of this year, but my grandmothers Interview isn't until the end of September.

My question is what is the Penalty for him to showing up late? I mean the only reason he has to wait is because of my grandmother. She is really old and my grandfater passed away and she will need someone's support to bring her over to the US. I would think that the goverement would understand the reason and will cut him some slack when he re-enters the US.

Your Thoughts Guys?

Josh

[aleful 1,905]

Hey Guys, I keep forgetting to ask this question, My uncle who is currently in India is a Green Card Holder and I believe he told me that he will have to retuen to the US before Sep 10 or 11 of this year, but my grandmothers Interview isn't until the end of September.

My question is what is the Penalty for him to showing up late? I mean the only reason he has to wait is because of my grandmother. She is really old and my grandfater passed away and she will need someone's support to bring her over to the US. I would think that the goverement would understand the reason and will cut him some slack when he re-enters the US.

Your Thoughts Guys?

Josh

how long has he been over there?

[Bill and Vicky 25]

My question is what is the Penalty for him to showing up late? I mean the only reason he has to wait is because of my grandmother. She is really old and my grandfater passed away and she will need someone's support to bring her over to the US. I would think that the goverement would understand the reason and will cut him some slack when he re-enters the US.

He'll try to travel on an expired Green Card. If they don't stop him from boarding the plane to the U.S. (here, they check the documents when you first check in for your flight), then USCIS has the option to refuse him entry to the U.S. Don't count on someone "cutting him some slack", especially when they find out that he *knew* it was expiring and didn't do anything about it.

He should find out what's involved in renewing his Green Card before it expires.

Care,

Bill

[Brit Abroad 166]

As Bill says, much of his admissibility relies on his green card not having expired, or him having an extension to it. If he's been out of the US for over 6 months, he's going to need a re-entry permit anyway, otherwise he is at risk of having USCIS declare his green card abandoned or, at least, face a lot of questioning at CBP when he returns.

The kindest thing you can do to help him is suggest he makes an appointment with the Embassy and see if he can submit the paperwork to renew his green card and get a covering letter extending his expired one for the duration needed to allow him to escort grandma! He will also need to confirm whether a reentry permit is required. Soonest fixed, least worry.

EDIT: It's best not to assume anything with Immigration issues. Always check with the people who make the decisions and issue the paperwork.

Edited August 19, 2011 by Brit Abroad

[joshbola 0]

Well is Green Card are is still good and I believe he might end up staying in India for a month, it will not be extreme over stay, just a month or less. I can understand if he stays more then the allowed time, but I would think that if his Green Card isn't expired, he should be good and when he enters the US and if they ask him any question, he can explain the situation.

[Penguin_ie 5,994]

***** Moving from AOS to Traveling During US Immigration ******

How about him coming back to the US now, getting his greencard renewed, then going back when grandma is ready to travel? There is no guarantee she will get the visa within days of the interview, there could be another few weeks or months delay...

[Dave and Kinnari 31]

I suggest he come back and get his green card renewed and going back.

This is far much more easier that letting it expire and banking on the government giving him some slack.

[joshbola 0]

Well that would be all easy if the expense was't the problem. From my uncles past experiance, after the interview is done, the visa usually gets in with 10-15 days (Usaually within a Week) and i don't see any problems with my grandma not getting her Visa. I mean if all the paperwork is good, then there souldn't be any issues.