Legal Question in Immigration Law in California

Unless your parents have a very good reason for being outside of the U.S. for more than one year, i.e., job w/ US government contract, serious medical condition, etc., then yes, you will need to apply for them again to get them their green cards. You would file the I-130 visa petition with the USCIS, and then once approved, you would get notice from the NVC as to when their case is transferred to the US Embassy abroad for their immigrant visa interview. I would be happy to assist you with this matter and you may contact our office at 415-387-1364 or email [email protected].

Most likely, the parents have abandoned their permanent residency in USA by staying abroad for 3 years (assuming that there was no extremely compelling reason, etc).

If you are a US citizen, and your parent want to move back to USA -- you will have to restart the process by filing of the I-130 for them. They may have to surrender their green cards.

If you�d like to schedule a telephone legal consultation, please let me know: Attorney [@] law-visa-usa.com

Note: The above response is provided for legal information purposes only and should not be considered as legal advice. This response doesn�t create an attorney-client relationship, which can only be established through payment of a fee. If follow-up advice or consultation on your specific situation is requested, we offer a paid consultation by telephone or email. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details. Our contact email address is Attorney [@] law-visa-USA.com

Depending on their reason for leaving and what happened after they departed that kept them away, they might still be permanent residents although this will have to be proven to the U.S. Consul in a proper application for a special immigrant visa, unless they're lucky and are admitted to the U.S. without that. Some of the rules in this area are clear and others are not as they depend very much on the specific facts of the case.

It is a case though that begs for proper counsel and I recommend that you speak with an attorney in whom you have confidence to properly guide you and your parents. If you would like to further explore these issues, feel free to contact me at [email protected] or 818 609 1953.

Sincerely,

Alice Yardum-Hunter, Certified Specialist, Immigration & Nationality Law, State Bar of CA

Designated in "Super Lawyers" 2004 - present, "Los Angeles Magazine"