Legal Question in Immigration Law in Illinois

Hi,

My parents (Indian Citizens) aged 65 and 62 received their Green Card on January 2008 through immigrant visa application and they exit US in the same month. They neither visited US nor filed application form I-131 (reentry permit form) since 2008. Now my parents wish to come to US and they filed form DS-117 (application to determine returning resident status) and form got rejected. I would like to know is there any way my parents can come to US and maintain their Green Card.


Asked on 1/05/12, 9:10 am

1 Answer from Attorneys
Brian D. Lerner Law Offices of Brian D. Lerner, A Professional Corporation

Hello:

Application to Apply for Non abandonment of Residency

When a Lawful Permanent Resident has been outside the U.S. for more than one year, they can no longer reenter on their Lawful Permanent Resident Card. In this case, it would be necessary for the application for Non abandonment of Residency to be filed. We would have to prepare a legal brief along with declarations, affidavits, medical reports, and all other supporting evidence to show why the resident did not return to the U.S. within the allotted year. The more supporting documents we have showing the critical reasons the resident did not return to the U.S., the better chances of success. Once the application is prepared and filed, it usually takes between one and three months to get a decision.

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Answered on 1/05/12, 2:21 pm


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