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My dad had a green card and he hasn't entered the US in 6 years since mid 2014. He had his mom pass away in early 2015 after being sick and his dad also pass away in 2027 also after being sick. He was taking care of them and he couldn't travel to the US. After that he also had other as important family events until early 2020. My question is:
Is it worth it for him to try and re-enter the US or not even bother after 6 years? did he for sure lost his residency? He can have proof of all the events that kept him from traveling (doctor testimonies, death certificates,and so on...). I appreciate any help.


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Posted (edited)

He can try apply for a SB1 returning resident visa. They will assess his evidence of the factors that prevented his return. Parent illnesses will probably count more than “important family events” and I think his chances are low, though. Was he filing US taxes while he was away?
Last couple of times I flew on a GC, the airlines (at least the ones I flew) were not boarding GC holders who had been out of the US longer than a year. 

 

 

Edited by SusieQQQ

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Posted (edited)
13 minutes ago, californian said:

My dad had a green card and he hasn't entered the US in 6 years since mid 2014. He had his mom pass away in early 2015 after being sick and his dad also pass away in 2027 also after being sick. He was taking care of them and he couldn't travel to the US. After that he also had other as important family events until early 2020. My question is:
Is it worth it for him to try and re-enter the US or not even bother after 6 years? did he for sure lost his residency? He can have proof of all the events that kept him from traveling (doctor testimonies, death certificates,and so on...). I appreciate any help.

6 years is a long temporary visit.  What actions did he take to maintain his residency during the last 6 years?  "Other important family events"?    I assume he worked while there.  Did he report his income and file US taxes?  Did he maintain a residence in the US?  

Edited by Lucky Cat

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Posted (edited)

A permanent resident (called lawful permanent resident or LPR) or conditional resident (CR) who has remained outside the United States for longer than one year, or beyond the validity period of a Re-entry Permit, will require a new immigrant visa to enter the United States and resume permanent residence. A provision exists under U.S. visa law for the issuance of a returning resident special immigrant visa to an LPR who remained outside the United States due to circumstances beyond his/her control. This webpage is about Returning Resident Visas. If you are an LPR unable to return to the United States within the travel validity period of the green card (1 year) or the validity of the Re-entry Permit (2 years), you may be eligible and can apply at the nearest U.S. Embassy or Consulate for a Returning Resident (SB-1) immigrant visa.

https://travel.state.gov/content/travel/en/us-visas/immigrate/returning-resident.html

 

 

to be honest it’s probably just going to be easier to sponsor him for a new ir5

Edited by SusieQQQ

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